Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District, Riverside County Air Pollution Control District, and San Bernardino County Air Pollution Control District, 47302-47304 [2016-17171]
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47302
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
(A) El Dorado County Air Quality
Management District.
(1) ‘‘Ozone Emergency Episode Plan,’’
adopted January 12, 2016.
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[FR Doc. 2016–17177 Filed 7–20–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0583; FRL–9949–24–
Region 9]
Approval of California Air Plan
Revisions, Mojave Desert Air Quality
Management District, Riverside County
Air Pollution Control District, and San
Bernardino County Air Pollution
Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve rescissions from the
Mojave Desert Air Quality Management
District (MDAQMD) portion of the
California State Implementation Plan
(SIP), as it applies to rules approved
into the SIP for the Riverside County Air
Pollution Control District (RCAPCD)
and San Bernardino County Air
Pollution Control District (SBCAPCD).
These revisions concern superseded
New Source Review (NSR) rules. We are
approving the rescission of rules under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on
September 19, 2016 without further
notice, unless the EPA receives adverse
comments by August 22, 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 your comments,
identified by Docket ID No. EPA–R09–
OAR–2015–0583 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
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SUMMARY:
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Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. 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. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Laura Lawrence, EPA Region IX, (415)
972–3407, lawrence.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. The State’s Submittal
A. What rules did the State submit for
rescission?
B. What are the purposes of the submitted
rule rescissions?
III. Evaluation and Action
A. How is the EPA evaluating the
rescission of the rules?
B. Do the rule rescissions meet the
evaluation criteria?
C. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. Background
The California Air Resources Board
(CARB) submitted Riverside County Air
Pollution Control District (RCAPCD)
and San Bernardino County Air
Pollution Control District (SBCAPCD)
Rules 213, 213.1, and 213.2, which
address Clean Air Act (CAA)
requirements for New Source Review
(NSR) programs, to the EPA on June 6,
1977 for inclusion in the California SIP.
The EPA approved RCAPCD Rules 213,
213.1, and 213.2 and SBCAPCD Rules
213, 213.1, and 213.2 into the SIP on
November 9, 1978 (43 FR 52237). The
area under the jurisdiction of RCAPCD
and SBCAPCD at the time these rules
were submitted is now under the
jurisdiction of the Mojave Desert Air
Quality Management District
(MDAQMD) and the South Coast Air
Quality Management District
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(SCAQMD). More information about the
jurisdictional history of this area is
found in the EPA’s Technical Support
Document (TSD) accompanying this
rulemaking.
CARB has since submitted and the
EPA has approved into the California
SIP a series of NSR rules for MDAQMD
and SCAQMD referred to as Regulation
XIII. These rules supersede, among
other rules, Rules 213, 213.1, and 213.2.
This rulemaking action clarifies the
applicable NSR rules for the Mojave
Desert air district by removing from the
Mojave Desert portion of the California
SIP RCAPCD Rules 213, 213.1, and
213.2 and SBCAPCD Rules 213, 213.1,
and 213.2.
RCAPCD Rules 203.1, 203.2, and
213.3 and SBCAPCD Rules 203.1, 203.2,
and 213.3 also address NSR
requirements. However, we can find no
evidence that RCAPCD Rules 203.1,
203.2, and 213.3 and SBCAPCD Rules
203.1, 203.2, and 213.3 were ever
submitted for SIP approval.
Consequently, we are taking no action
on the rescission of RCAPCD Rules
203.1, 203.2, and 213.3 and SBCAPCD
Rules 203.1, 203.2, and 213.3.
II. The State’s Submittal
A. What rules did the State submit for
rescission?
MDAQMD rescinded Rules 203.1,
203.2, 213, 213.1, 213.2, and 213.3 on
April 28, 2008, and CARB submitted the
rescissions adopted by MDAQMD as a
revision to the California SIP on October
20, 2008. As noted above, these rules
had originally been adopted by RCAPCD
and SBCAPCD and approved by the
EPA as part of the California SIP. More
than a decade later, when MDAQMD
was established, MDAQMD adopted the
rules that had been adopted by the
previous air pollution control district as
part of that agency’s initial set of rules
and regulations. MDAQMD’s submittal
of the rescissions to CARB for submittal
to the EPA make it clear that the
rescissions relate to the corresponding
SIP rules from which the corresponding
MDAQMD rules derive. As such,
CARB’s submittal of the rescission of
MDAQMD Rules 203.1, 203.2, 213,
213.1, 213.2, and 213.3 constitutes the
rescission of the corresponding SIP
rules, i.e., RCAPCD Rules 203.1, 203.2,
213, 213.1, 213.2, and 213.3 and
SBCAPCD Rules 203.1, 203.2, 213,
213.1, 213.2, and 213.3. Table 1 lists
these rules, along with SIP approval
dates (if any).
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
47303
TABLE 1—RULES REQUESTED FOR RESCISSION FROM THE MOJAVE DESERT PORTION OF THE CALIFORNIA SIP
Agency
when rule
was
submitted
to SIP
Current agency
MDAQMD/SCAQMD
MDAQMD/SCAQMD
MDAQMD/SCAQMD
MDAQMD/SCAQMD
MDAQMD/SCAQMD
MDAQMD/SCAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
..........
..........
..........
..........
..........
..........
...........................
...........................
...........................
...........................
...........................
...........................
Rule No.
RCAPCD
RCAPCD
RCAPCD
RCAPCD
RCAPCD
RCAPCD
203.1
203.2
213
213.1
213.2
213.3
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
203.1
203.2
213
213.1
213.2
213.3
On November 18, 2008, we
determined that CARB’s October 20,
2008 SIP revision met the completeness
criteria in 40 CFR part 51, appendix V,
which must be met before formal review
by the EPA.
B. What are the purposes of the
submitted rule rescissions?
SBCAPCD and RCAPCD rules 203.1,
203.2, 213, 213.1, 213.2, and 213.3 have
been superseded by MDAQMD
Regulation XIII and SCAQMD
Regulation XIII. CARB has requested
that these SBCAPCD and RCAPCD rules
be rescinded from the SIP for the
purpose of clarifying the SIP and to
avoid confusion as to the SIP status of
these rules. This action represents an
administrative change and does not
result in changes to SIP approved
Regulation XIII that contains the current
NSR program. A more detailed
discussion of these rules is found in the
TSD accompanying this rulemaking.
III. Evaluation and Action
A. How is the EPA evaluating the
rescission of the rules?
The EPA is evaluating the rules
submitted for rescission by CARB to
determine whether they were ever
approved in the relevant portion of the
SIP, and if they had been approved in
the SIP, whether they have been
superseded by approval of subsequent
rules by the EPA.
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B. Do the rule rescissions meet the
evaluation criteria?
The provisions contained in RCAPCD
Rules 213, 213.1, and 213.2 and
SBCAPCD Rules 213, 213.1, and 213.2
have been superseded by MDAQMD
Regulation XIII, Rules 1300–1306 (61 FR
58133) and SCAQMD Regulation XIII,
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Special Permit Provisions .............................................
Eligibility of Compensatory Emission Reductions ........
Standards for Permits to Construct: Air Quality Impact
Standards for Permits to Operate: Air Quality Impact
Definitions for Rules 213, 213.1, and 213.3 ................
Additional Standards for Permits to Construct and Operate.
Special Permit Provisions .............................................
Eligibility of Compensatory Emission Reductions ........
Standards for Permits to Construct: Air Quality Impact
Standards for Permits to Operate: Air Quality Impact
Definitions for Rules 213, 213.1, and 213.3 ................
Additional Standards for Permits to Construct and Operate.
Rules 1301–1306, 1309–1310, 1313, and
1325 (50 FR 3906, 61 FR 64291, 64 FR
13514, 71 FR 35157, 80 FR 24821). The
rescission of superseded rules is
consistent with the relevant policy and
guidance regarding enforceability and
SIP relaxations. We can find no
evidence that RCAPCD Rules 203.1,
203.2, and 213.3 and SBCAPCD Rules
203.1, 203.2, and 213.3 were ever
approved into the SIP, therefore no
action is necessary to remove them. The
TSD has more information on our
evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of
the CAA, the EPA is fully approving the
rescission of RCAPCD Rules 213, 213.1,
and 213.2 and SBCAPCD Rules 213,
213.1, and 213.2 because we have
concluded that they were superseded
years ago by approval by the EPA of
subsequent rules and thus are no longer
part of the applicable California SIP,
and because rescission of them will
clarify the contents of the MDAQMD
portion of the SIP and avoid confusion
as the SIP status of these rules. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rule rescissions. If we receive
adverse comments by August 22, 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 September 19,
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SIP approval date and FR
citation
Rule title
Frm 00019
Fmt 4700
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Not in SIP.
Not in SIP.
11/09/78 43 FR 52237.
11/09/78 43 FR 52237.
11/09/78 43 FR 52237.
Not in SIP.
Not in SIP.
Not in SIP.
11/09/78 43 FR 52237.
11/09/78 43 FR 52237.
11/09/78 43 FR 52237.
Not in SIP.
2016. This action will rescind specific
rules from 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.
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
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47304
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
in the Unfunded Mandates Reform Act
of 1995 (Public Law 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
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 19,
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
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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 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,
Reporting and recordkeeping
requirements.
Dated: June 24, 2016.
Alexis Strauss,
Acting 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)(39)(ii)(J) and
(c)(39)(iv)(J) to read as follows:
■
§ 52.220
Identification of plan—in part.
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(c) * * *
(39) * * *
(ii) * * *
(J) Previously approved on November
9, 1978 in paragraph (c)(39)(ii)(B) of this
section and now deleted without
replacement: Rules 213, 213.1, and
213.2.
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(iv) * * *
(J) Previously approved on November
9, 1978 in paragraph (c)(39)(iv)(B) of
this section and now deleted without
replacement: Rules 213, 213.1, and
213.2.
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[FR Doc. 2016–17171 Filed 7–20–16; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0646; FRL–9948–28]
Cyprodinil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of cyprodinil in
or on vegetable, tuberous and corm,
subgroup 1C and potato, wet peel.
Syngenta Crop Protection, LLC
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective July
21, 2016. Objections and requests for
hearings must be received on or before
September 19, 2016, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0646, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
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]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47302-47304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0583; FRL-9949-24-Region 9]
Approval of California Air Plan Revisions, Mojave Desert Air
Quality Management District, Riverside County Air Pollution Control
District, and San Bernardino County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve rescissions from the Mojave Desert Air Quality
Management District (MDAQMD) portion of the California State
Implementation Plan (SIP), as it applies to rules approved into the SIP
for the Riverside County Air Pollution Control District (RCAPCD) and
San Bernardino County Air Pollution Control District (SBCAPCD). These
revisions concern superseded New Source Review (NSR) rules. We are
approving the rescission of rules under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on September 19, 2016 without further
notice, unless the EPA receives adverse comments by August 22, 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0583 at https://www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, (415)
972-3407, lawrence.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. The State's Submittal
A. What rules did the State submit for rescission?
B. What are the purposes of the submitted rule rescissions?
III. Evaluation and Action
A. How is the EPA evaluating the rescission of the rules?
B. Do the rule rescissions meet the evaluation criteria?
C. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. Background
The California Air Resources Board (CARB) submitted Riverside
County Air Pollution Control District (RCAPCD) and San Bernardino
County Air Pollution Control District (SBCAPCD) Rules 213, 213.1, and
213.2, which address Clean Air Act (CAA) requirements for New Source
Review (NSR) programs, to the EPA on June 6, 1977 for inclusion in the
California SIP. The EPA approved RCAPCD Rules 213, 213.1, and 213.2 and
SBCAPCD Rules 213, 213.1, and 213.2 into the SIP on November 9, 1978
(43 FR 52237). The area under the jurisdiction of RCAPCD and SBCAPCD at
the time these rules were submitted is now under the jurisdiction of
the Mojave Desert Air Quality Management District (MDAQMD) and the
South Coast Air Quality Management District (SCAQMD). More information
about the jurisdictional history of this area is found in the EPA's
Technical Support Document (TSD) accompanying this rulemaking.
CARB has since submitted and the EPA has approved into the
California SIP a series of NSR rules for MDAQMD and SCAQMD referred to
as Regulation XIII. These rules supersede, among other rules, Rules
213, 213.1, and 213.2. This rulemaking action clarifies the applicable
NSR rules for the Mojave Desert air district by removing from the
Mojave Desert portion of the California SIP RCAPCD Rules 213, 213.1,
and 213.2 and SBCAPCD Rules 213, 213.1, and 213.2.
RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1,
203.2, and 213.3 also address NSR requirements. However, we can find no
evidence that RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules
203.1, 203.2, and 213.3 were ever submitted for SIP approval.
Consequently, we are taking no action on the rescission of RCAPCD Rules
203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1, 203.2, and 213.3.
II. The State's Submittal
A. What rules did the State submit for rescission?
MDAQMD rescinded Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3
on April 28, 2008, and CARB submitted the rescissions adopted by MDAQMD
as a revision to the California SIP on October 20, 2008. As noted
above, these rules had originally been adopted by RCAPCD and SBCAPCD
and approved by the EPA as part of the California SIP. More than a
decade later, when MDAQMD was established, MDAQMD adopted the rules
that had been adopted by the previous air pollution control district as
part of that agency's initial set of rules and regulations. MDAQMD's
submittal of the rescissions to CARB for submittal to the EPA make it
clear that the rescissions relate to the corresponding SIP rules from
which the corresponding MDAQMD rules derive. As such, CARB's submittal
of the rescission of MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and
213.3 constitutes the rescission of the corresponding SIP rules, i.e.,
RCAPCD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and SBCAPCD
Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. Table 1 lists these
rules, along with SIP approval dates (if any).
[[Page 47303]]
Table 1--Rules Requested for Rescission From the Mojave Desert Portion of the California SIP
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Agency when rule
Current agency was submitted to Rule No. Rule title SIP approval date
SIP and FR citation
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MDAQMD/SCAQMD................... RCAPCD 203.1 Special Permit Not in SIP.
Provisions.
MDAQMD/SCAQMD................... RCAPCD 203.2 Eligibility of Not in SIP.
Compensatory Emission
Reductions.
MDAQMD/SCAQMD................... RCAPCD 213 Standards for Permits 11/09/78 43 FR
to Construct: Air 52237.
Quality Impact.
MDAQMD/SCAQMD................... RCAPCD 213.1 Standards for Permits 11/09/78 43 FR
to Operate: Air 52237.
Quality Impact.
MDAQMD/SCAQMD................... RCAPCD 213.2 Definitions for Rules 11/09/78 43 FR
213, 213.1, and 213.3. 52237.
MDAQMD/SCAQMD................... RCAPCD 213.3 Additional Standards Not in SIP.
for Permits to
Construct and Operate.
MDAQMD.......................... SBCAPCD 203.1 Special Permit Not in SIP.
Provisions.
MDAQMD.......................... SBCAPCD 203.2 Eligibility of Not in SIP.
Compensatory Emission
Reductions.
MDAQMD.......................... SBCAPCD 213 Standards for Permits 11/09/78 43 FR
to Construct: Air 52237.
Quality Impact.
MDAQMD.......................... SBCAPCD 213.1 Standards for Permits 11/09/78 43 FR
to Operate: Air 52237.
Quality Impact.
MDAQMD.......................... SBCAPCD 213.2 Definitions for Rules 11/09/78 43 FR
213, 213.1, and 213.3. 52237.
MDAQMD.......................... SBCAPCD 213.3 Additional Standards Not in SIP.
for Permits to
Construct and Operate.
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On November 18, 2008, we determined that CARB's October 20, 2008
SIP revision met the completeness criteria in 40 CFR part 51, appendix
V, which must be met before formal review by the EPA.
B. What are the purposes of the submitted rule rescissions?
SBCAPCD and RCAPCD rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3
have been superseded by MDAQMD Regulation XIII and SCAQMD Regulation
XIII. CARB has requested that these SBCAPCD and RCAPCD rules be
rescinded from the SIP for the purpose of clarifying the SIP and to
avoid confusion as to the SIP status of these rules. This action
represents an administrative change and does not result in changes to
SIP approved Regulation XIII that contains the current NSR program. A
more detailed discussion of these rules is found in the TSD
accompanying this rulemaking.
III. Evaluation and Action
A. How is the EPA evaluating the rescission of the rules?
The EPA is evaluating the rules submitted for rescission by CARB to
determine whether they were ever approved in the relevant portion of
the SIP, and if they had been approved in the SIP, whether they have
been superseded by approval of subsequent rules by the EPA.
B. Do the rule rescissions meet the evaluation criteria?
The provisions contained in RCAPCD Rules 213, 213.1, and 213.2 and
SBCAPCD Rules 213, 213.1, and 213.2 have been superseded by MDAQMD
Regulation XIII, Rules 1300-1306 (61 FR 58133) and SCAQMD Regulation
XIII, Rules 1301-1306, 1309-1310, 1313, and 1325 (50 FR 3906, 61 FR
64291, 64 FR 13514, 71 FR 35157, 80 FR 24821). The rescission of
superseded rules is consistent with the relevant policy and guidance
regarding enforceability and SIP relaxations. We can find no evidence
that RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1,
203.2, and 213.3 were ever approved into the SIP, therefore no action
is necessary to remove them. The TSD has more information on our
evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the CAA, the EPA is fully
approving the rescission of RCAPCD Rules 213, 213.1, and 213.2 and
SBCAPCD Rules 213, 213.1, and 213.2 because we have concluded that they
were superseded years ago by approval by the EPA of subsequent rules
and thus are no longer part of the applicable California SIP, and
because rescission of them will clarify the contents of the MDAQMD
portion of the SIP and avoid confusion as the SIP status of these
rules. We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
approval of the same submitted rule rescissions. If we receive adverse
comments by August 22, 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 September 19, 2016. This action will rescind specific rules
from 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.
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
[[Page 47304]]
in the Unfunded Mandates Reform Act of 1995 (Public Law 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 and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 19, 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 today's 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, Reporting and recordkeeping
requirements.
Dated: June 24, 2016.
Alexis Strauss,
Acting 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)(39)(ii)(J) and
(c)(39)(iv)(J) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(39) * * *
(ii) * * *
(J) Previously approved on November 9, 1978 in paragraph
(c)(39)(ii)(B) of this section and now deleted without replacement:
Rules 213, 213.1, and 213.2.
* * * * *
(iv) * * *
(J) Previously approved on November 9, 1978 in paragraph
(c)(39)(iv)(B) of this section and now deleted without replacement:
Rules 213, 213.1, and 213.2.
* * * * *
[FR Doc. 2016-17171 Filed 7-20-16; 8:45 am]
BILLING CODE 6560-50-P
