Approval of California Air Plan Revisions, Modoc County Air Pollution Control District, Permit Programs, 50362-50365 [2016-18009]
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<![CDATA[
50362
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
Transportation Conformity Budgets’’ at
the end of the table to read as follows:
Subpart V—Maryland
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entries
‘‘Serious Area Reasonable Further
Progress (RFP) Plan and 2012 RFP
Contingency Measures,’’ ‘‘Updates to
the 2002 Base Year Inventory for VOC,
NOX and CO,’’ and ‘‘2012
■
*
Identification of plan.
*
*
(e) * * *
*
*
Name of non-regulatory
SIP revision
Applicable geographic area
State submittal
date
EPA approval date
*
*
Serious Area Reasonable Further
Progress (RFP) Plan and 2012
RFP Contingency Measures.
Updates to the 2002 Base Year
Inventory for VOC, NOX and
CO.
2012 Transportation Conformity
Budgets.
*
Baltimore 1997 8-hour ozone serious nonattainment area.
*
July 22, 2013 ....
*
*
8/1/2016 [Insert Federal Register citation].
*
§ 52.1076(cc)
Baltimore 1997 8-hour ozone serious nonattainment area.
July 22, 2013 ....
8/1/2016 [Insert Federal Register citation].
§ 52.1075(p)
Baltimore 1997 8-hour ozone serious nonattainment area.
July 22, 2013 ....
8/1/2016 [Insert Federal Register citation].
§ 52.1076(dd)
3. Section 52.1075 is amended by
adding paragraph (p) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(p) EPA approves, as a revision to the
Maryland State Implementation Plan,
updates to the 2002 base year emissions
inventories previously approved under
paragraph (i) of this section for the
Baltimore 1997 8-hour ozone serious
nonattainment area (Area) submitted by
the Secretary of the Maryland
Department of the Environment on July
22, 2013. This submittal consists of
updated 2002 base year point, area, nonroad mobile, and on-road mobile source
inventories in the Area for the following
pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.1076 is amended by
adding paragraphs (cc) and (dd) to read
as follows:
§ 52.1076 52.1076 Control strategy plans
for attainment and rate-of-progress: Ozone.
*
*
*
*
*
(cc) EPA approves revisions to the
Maryland State Implementation Plan
consisting of the serious area reasonable
further progress (RFP) plan for the
Baltimore 1997 8-hour ozone serious
nonattainment area, including 2011 and
Additional
explanation
2012 RFP milestones, updates to the
2008 RFP milestones previously
approved by EPA under paragraph (q) of
this section, and contingency measures
for failure to meet 2012 RFP, submitted
by the Secretary of the Maryland
Department of the Environment on July
22, 2013.
(dd) EPA approves the following 2012
RFP motor vehicle emissions budgets
(MVEBs) for the Baltimore 1997 8-hour
ozone serious nonattainment area, in
tons per day (tpd) of volatile organic
compounds (VOC) and nitrogen oxides
(NOX), submitted by the Secretary of the
Maryland Department of the
Environment on July 22, 2013:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
Type of control strategy SIP
Year
VOC
(tpd)
NOX
(tpd)
Effective date of adequacy determination or
SIP approval
Rate of Progress Plan ....................................
2012
40.2
93.5
March 8, 2016 (81 FR 8711), published February 22, 2016.
ACTION:
[FR Doc. 2016–17781 Filed 7–29–16; 8:45 am]
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Modoc County Air Pollution Control
District (MCAPCD) portion of the
California State Implementation Plan
(SIP). These revisions concern
MCAPCD’s administrative and
procedural requirements to obtain
preconstruction permits that regulate
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act). We are approving local rules under
the CAA.
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R09–OAR–2016–0119; FRL–9948–26–
Region 9]
Approval of California Air Plan
Revisions, Modoc County Air Pollution
Control District, Permit Programs
Environmental Protection
Agency (EPA).
AGENCY:
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This rule is effective on
September 30, 2016 without further
notice, unless the EPA receives adverse
comments by August 31, 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–2016–0119 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
DATES:
BILLING CODE 6560–50–P
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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
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: YaTing (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 is the purpose of the submitted
rule revisions?
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 under MCAPCD
Regulation II, ‘‘Permit System’’
addressed by this action with the dates
that they were adopted by the local air
agency and submitted by the California
Air Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Adoption or
amendment
date
Rule No.
Rule title
2.3 ....................................................
2.5 ....................................................
2.7 ....................................................
2.10 ..................................................
Transfers ...................................................................................................
Expiration of Applications ..........................................................................
Conditional Approval .................................................................................
Further Information ....................................................................................
On February 28, 1991, the EPA
determined that the submittal for the
MCAPCD rules listed in Table 1 met the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of these
rules?
EPA approved the rules listed in
Table 2 into the MCAPCD portion of the
California SIP on the dates listed. When
1/15/1989
1/15/1989
1/15/1989
1/15/1989
Submittal date
12/31/1990
12/31/1990
12/31/1990
12/31/1990
the rules listed in Table 1 are approved
by EPA, those rules will take the place
of the existing SIP approved rules listed
in Table 2.
TABLE 2—SIP APPROVED RULES
SIP approval
date
Rule No.
Rule title
2.3 ....................................................
2.5 ....................................................
2.7 * ..................................................
2.9 * ..................................................
Transfer .....................................................................................................
Cancellation of Applications ......................................................................
Provision of Sampling and Testing Facilities ............................................
Conditional Approval .................................................................................
09/22/1972
09/22/1972
09/22/1972
09/22/1972
Federal
Register
citation
37
37
37
37
FR
FR
FR
FR
19812
19812
19812
19812
* Note: SIP approved Rule 2.7—Provision of Sampling and Testing Facilities will be replaced by newly submitted Rule 2.10 Further Information. SIP approved Rule 2.9—Conditional Approval will be replaced by submitted Rule 2.7—Conditional Approval.
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C. What is the purpose of the submitted
rule revisions?
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
contained in the submitted rules listed
in Table 1 are mostly administrative in
nature. Rule 2.3 prohibits the transfer of
an Authority to Construct or Permit to
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Operate without written approval. Rule
2.5 provides the timeline for an
Authority to Construct or an application
for a Permit to Operate to expire and/
or be extended. Rule 2.7 is renumbered
from Rule 2.9 and provides additional
enforceability by clarifying that
equipment cannot be operated contrary
to permit conditions specified in the
permit. Rule 2.10 is a new rule that
allows MCAPCD to require data,
sampling, testing, and monitoring to
determine a stationary source’s
emissions. There are no substantive
relaxations to these rules.
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The TSD, which is available in the
docket for today’s rulemaking, 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 are revisions
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to existing SIP approved general NSR
permit program requirements under 40
CFR 51.160–51.164. The revisions are
primarily administrative in nature
(reformatting, providing additional
clarity and enforceability).
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability and SIP
relaxations. 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 application
requirement.
The TSD, which is available in the
docket for today’s rulemaking, has more
information on our evaluation.
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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 August 31, 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 30,
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
MCAPCD 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
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at U.S. Environmental Protection
Agency Region IX (AIR–3), 75
Hawthorne Street, San Francisco, CA
94105–3901.
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
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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 30,
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Dated: June 15, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
ACTION:
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)(6)(xi)(D), and
(c)(182)(i)(F)(5), (6), (7), and (8) to read
as follows:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(6) * * *
(xi) * * *
(D) Previously approved September
22, 1972 in paragraph (c)(6) of this
section and now deleted with
replacement in paragraph
(c)(182)(i)(F)(5), (6), (7), and (8), Rule 2.3
‘‘Transfer,’’ Rule 2.5 ‘‘Cancellation of
Application,’’ Rule 2.7 ‘‘Provision of
Sampling and Testing Facilities,’’ and
Rule 2.9 ‘‘Conditional Approval’’.
*
*
*
*
*
(182) * * *
(i) * * *
(F) * * *
(5) Regulation II, ‘‘Permit System,’’
Rule 2.3 ‘‘Transfers’’ amended on
January 15, 1989.
(6) Regulation II, ‘‘Permit System,’’
Rule 2.5 ‘‘Expiration of Applications’’
amended on January 15, 1989.
(7) Regulation II, ‘‘Permit System,’’
Rule 2.7 ‘‘Conditional Approval’’
amended on January 15, 1989.
(8) Regulation II, ‘‘Permit System,’’
Rule 2.10 ‘‘Further Information’’
amended on January 15, 1989.
*
*
*
*
*
[FR Doc. 2016–18009 Filed 7–29–16; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1816 and 1852
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RIN 2700–AE31
NASA Federal Acquisition Regulation
Supplement: Clarification of Award Fee
Evaluations and Payments (NFS Case
2016–N008)
National Aeronautics and
Space Administration.
AGENCY:
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NASA is issuing a final rule
amending the NASA Federal
Acquisition Regulation Supplement
(NFS) to clarify NASA’s award fee
process by incorporating terms used in
award fee contracting; guidance relative
to final award fee evaluations; release of
source selection information; and the
calculation of the provisional award fee
payment percentage in NASA end-item
award fee contracts.
DATES: Effective: August 31, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
William Roets, telephone 202–358–
4483.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.220
Final rule.
I. Background
NASA published a proposed rule in
the Federal Register at 81 FR 23667 on
April 22, 2016, to revise NFS 1816.4 and
1852.216–77 to clarify NASA’s award
fee evaluation and payment processes.
One public comment was received in
response to the proposed rule.
II. Discussion and Analysis
NASA reviewed the public comment
in the development of the final rule. A
discussion of the comment and the
changes made to the rule as a result of
this comment is provided, as follows:
A. Changes
No change was made in the final rule
in response to the public comment
received.
B. Analysis of Public Comment
Comment: Respondent stated that
they do not support this rule.
Response: The respondent did not
identify any specific areas of concern.
Accordingly, this rule provides needed
clarification to NASA’s award fee
processes to enhance the efficient
administration of award fee incentives.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
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50365
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
NASA is amending the NFS to clarify
award fee process by incorporating
terms used in award fee contracting;
guidance relative to final award fee
evaluations; release of source selection
information; and the calculation of the
provisional award fee payment
percentage in NASA end-item award fee
contracts.
No changes were made to the
proposed rule in developing the final
rule. No comments from small entities
were submitted in reference to the
Regulatory Flexibility Act request in the
proposed rule. Therefore, the proposed
rule has been adopted as final.
NASA does not expect this final rule
to have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the guidance largely clarifies
aspects relative to the award fee
evaluation and payment process
resulting in a more consistent use and
administration of award fees within
NASA providing all entities both large
and small a positive benefit. An analysis
of data in the Federal Procurement Data
System (FPDS) revealed that award fee
contracts are primarily awarded to large
businesses with large dollar contracts.
An analysis of FPDS data over the past
three years (FY2013 through FY2015)
showed an average of 157 award fee
contracts were awarded at NASA per
year, of which 33 (approximately 20%)
were awarded to small businesses.
Thus, the application of the award fee
revisions contained in this rule do not
apply to a substantial number of small
entities.
The rule imposes no reporting,
recordkeeping, or other information
collection requirements. There are no
significant alternatives that could
further minimize the already minimal
impact on businesses, small or large.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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]]>Agencies
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50362-50365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18009]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0119; FRL-9948-26-Region 9]
Approval of California Air Plan Revisions, Modoc County Air
Pollution Control District, Permit Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Modoc County Air Pollution
Control District (MCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern MCAPCD's
administrative and procedural requirements to obtain preconstruction
permits that regulate emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We are approving local rules under
the CAA.
DATES: This rule is effective on September 30, 2016 without further
notice, unless the EPA receives adverse comments by August 31, 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-2016-0119 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
[[Page 50363]]
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: 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 is the purpose of the submitted rule revisions?
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 under MCAPCD Regulation II, ``Permit
System'' addressed by this action with the dates that they were adopted
by the local air agency and submitted by the California Air Resources
Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adoption or
Rule No. Rule title amendment date Submittal date
----------------------------------------------------------------------------------------------------------------
2.3........................................ Transfers.......................... 1/15/1989 12/31/1990
2.5........................................ Expiration of Applications......... 1/15/1989 12/31/1990
2.7........................................ Conditional Approval............... 1/15/1989 12/31/1990
2.10....................................... Further Information................ 1/15/1989 12/31/1990
----------------------------------------------------------------------------------------------------------------
On February 28, 1991, the EPA determined that the submittal for the
MCAPCD rules listed in Table 1 met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review.
B. Are there other versions of these rules?
EPA approved the rules listed in Table 2 into the MCAPCD portion of
the California SIP on the dates listed. When the rules listed in Table
1 are approved by EPA, those rules will take the place of the existing
SIP approved rules listed in Table 2.
Table 2--SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
Federal
Rule No. Rule title SIP approval Register
date citation
----------------------------------------------------------------------------------------------------------------
2.3........................................ Transfer........................... 09/22/1972 37 FR 19812
2.5........................................ Cancellation of Applications....... 09/22/1972 37 FR 19812
2.7 *...................................... Provision of Sampling and Testing 09/22/1972 37 FR 19812
Facilities.
2.9 *...................................... Conditional Approval............... 09/22/1972 37 FR 19812
----------------------------------------------------------------------------------------------------------------
* Note: SIP approved Rule 2.7--Provision of Sampling and Testing Facilities will be replaced by newly submitted
Rule 2.10 Further Information. SIP approved Rule 2.9--Conditional Approval will be replaced by submitted Rule
2.7--Conditional Approval.
C. What is the purpose of the submitted rule revisions?
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 contained in the
submitted rules listed in Table 1 are mostly administrative in nature.
Rule 2.3 prohibits the transfer of an Authority to Construct or Permit
to Operate without written approval. Rule 2.5 provides the timeline for
an Authority to Construct or an application for a Permit to Operate to
expire and/or be extended. Rule 2.7 is renumbered from Rule 2.9 and
provides additional enforceability by clarifying that equipment cannot
be operated contrary to permit conditions specified in the permit. Rule
2.10 is a new rule that allows MCAPCD to require data, sampling,
testing, and monitoring to determine a stationary source's emissions.
There are no substantive relaxations to these rules.
The TSD, which is available in the docket for today's rulemaking,
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 are revisions
[[Page 50364]]
to existing SIP approved general NSR permit program requirements under
40 CFR 51.160-51.164. The revisions are primarily administrative in
nature (reformatting, providing additional clarity and enforceability).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. 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 application requirement.
The TSD, which is available in the docket for today's rulemaking,
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 August 31, 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 30, 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
MCAPCD 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 U.S. Environmental Protection Agency Region IX (AIR-3), 75 Hawthorne
Street, San Francisco, CA 94105-3901.
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 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 30, 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
[[Page 50365]]
Dated: June 15, 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)(6)(xi)(D), and
(c)(182)(i)(F)(5), (6), (7), and (8) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(6) * * *
(xi) * * *
(D) Previously approved September 22, 1972 in paragraph (c)(6) of
this section and now deleted with replacement in paragraph
(c)(182)(i)(F)(5), (6), (7), and (8), Rule 2.3 ``Transfer,'' Rule 2.5
``Cancellation of Application,'' Rule 2.7 ``Provision of Sampling and
Testing Facilities,'' and Rule 2.9 ``Conditional Approval''.
* * * * *
(182) * * *
(i) * * *
(F) * * *
(5) Regulation II, ``Permit System,'' Rule 2.3 ``Transfers''
amended on January 15, 1989.
(6) Regulation II, ``Permit System,'' Rule 2.5 ``Expiration of
Applications'' amended on January 15, 1989.
(7) Regulation II, ``Permit System,'' Rule 2.7 ``Conditional
Approval'' amended on January 15, 1989.
(8) Regulation II, ``Permit System,'' Rule 2.10 ``Further
Information'' amended on January 15, 1989.
* * * * *
[FR Doc. 2016-18009 Filed 7-29-16; 8:45 am]
BILLING CODE 6560-50-P
