Revisions to the California State Implementation Plan; South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions From Off-Road Diesel Vehicles, 83154-83156 [2016-27853]
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83154
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 20, 2017. 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. 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, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 3, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
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 S—Kentucky
2. In § 52.920, the table in paragraph
(e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.920
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2010 1-hour
NO2 NAAQS.
Applicable
geographic or
nonattainment
area
State submittal
date/effective
date
*
Kentucky ........
*
4/26/2013
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0819; FRL–9954–78–
Region 9]
Revisions to the California State
Implementation Plan; South Coast Air
Quality Management District; Control
of Oxides of Nitrogen Emissions From
Off-Road Diesel Vehicles
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve South Coast Air Quality
Management District (SCAQMD or ‘‘the
District’’) Rule 2449, Control of Oxides
of Nitrogen Emissions from Off-Road
Diesel Vehicles, as a revision to the
SCAQMD portion of the California State
Implementation Plan (SIP). SCAQMD
Rule 2449 adopts by reference title 13,
chapter 9, section 2449.2 of the
California Code of Regulations,
‘‘Surplus Off-Road Opt-In for NOX
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This rule will be effective on
December 21, 2016.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2015–0819. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Laura Lawrence, EPA Region IX, (415)
947–3407, lawrence.laura@epa.gov.
PO 00000
Frm 00048
Explanations
*
*
*
*
11/21/2016, [insert FedWith the exception of the regulation of new minor
eral Register citation].
sources and minor modifications under section
110(a)(2)(C), section 110(a)(2)(D)(i)(I) and (II)
(prongs 1–4) and the PSD requirements of section 110(a)(2)(J).
(SOON) Program.’’ SCAQMD Rule 2449
requires certain in-use off-road vehicle
fleets to meet more stringent
requirements in the South Coast area
when funding is provided by the
District in order to achieve additional
reductions of oxides of nitrogen (NOX).
[FR Doc. 2016–27538 Filed 11–18–16; 8:45 am]
SUMMARY:
EPA approval date
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and the EPA’s
Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On March 10, 2016 (81 FR 12637),
under section 110(k) of the Clean Air
Act (CAA or ‘‘the Act’’), the EPA
proposed to approve SCAQMD Rule
2449, ‘‘Control of Oxides of Nitrogen
Emissions from Off-Road Diesel
Vehicles’’ into the South Coast portion
of the California SIP. SCAQMD Rule
2449 adopts by reference title 13,
chapter 9, section 2449.2 of the
California Code of Regulations,
‘‘Surplus Off-Road Opt-In for NOX
(SOON) Program.’’ The rule requires
certain in-use off-road vehicle fleets
meet more stringent requirements in the
South Coast area when funding is
provided by the District in order to
achieve additional reductions of NOX.
SCAQMD Rule 2449 was originally
adopted by the SCAQMD on May 2,
2008, and submitted to the EPA by the
E:\FR\FM\21NOR1.SGM
21NOR1
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
State of California on July 18, 2008. The
District adopted revisions to the rule on
July 11, 2014, and the amended rule was
submitted to the EPA by the State on
September 5, 2014. The 2014 revisions
incorporated minor administrative
updates made to the SOON program by
the California Air Resources Board
(CARB) in December 2011.
Off-road diesel vehicles collectively
represent one of the largest sources of
NOX emissions in the South Coast Air
Basin. The purpose of Rule 2449 is to
achieve surplus NOX reductions from
this source category beyond those
required under CARB’s Off-Road
Regulation, with funding provided by
the SCAQMD. The SCAQMD’s 2012 Air
Quality Management Plan relies on NOX
reductions from Rule 2449 to attain the
one-hour and 1997 eight-hour ozone
National Ambient Air Quality
Standards. Rule 2449 is expected to
achieve 7.5 tons per day (tpd) of NOX
reductions in 2023. We note that the
EPA is not approving these emission
reductions in today’s proposed rule;
emission reductions or SIP credit from
Rule 2449 will be addressed in future
EPA actions on attainment plans.
Since our action proposing approval
of Rule 2449, SCAQMD has adopted
revisions to the SOON program
guidelines. The revised guidelines were
adopted on March 4, 2016, and sent to
CARB for evaluation on August 17,
2016. CARB approved the guidelines on
October 6, 2016.1 A copy of this
approval letter is found in the docket for
this rulemaking action.
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and the EPA’s
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
asabaliauskas on DSK3SPTVN1PROD with RULES
III. Final Action
Pursuant to section 110(k)(3) of the
Act and for the reasons stated in our
proposed rule, the EPA is approving
CARB’s September 5, 2014 submittal of
SCAQMD Rule 2449, ‘‘Control of Oxides
of Nitrogen Emissions from Off-Road
Diesel Vehicles,’’ as a revision to the
SCAQMD portion of the California SIP.
1 See letter dated October 6, 2016, from Jack
Kitowski, Chief, CARB Mobile Source Control
Division to Henry Hogo, Deputy Executive Officer,
SCAQMD.
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IV. 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 SCAQMD
Rule 2449 in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make,
SCAQMD Rule 2449 available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. 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
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
83155
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 January 20, 2017.
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. 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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83156
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
Dated: October 18, 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 paragraph (c)(482) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(482) New regulations for the
following APCDs were submitted on
September 5, 2014 by the Governor’s
designee.
(i) Incorporation by reference.
(A) South Coast Air Quality
Management District.
(1) Rule 2449, ‘‘Control of Oxides of
Nitrogen Emissions from Off-Road
Diesel Vehicles,’’ amended on July 11,
2014.
*
*
*
*
*
[FR Doc. 2016–27853 Filed 11–18–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0425; FRL–9955–32Region 4]
Air Quality Plan; Georgia;
Infrastructure Requirements for the
2012 PM2.5 NAAQS
AGENCY:
Environmental Protection
Agency.
Final rule.
ACTION:
The Environmental Protection
Agency (EPA) is taking final action to
approve a portion of the State
Implementation Plan (SIP) submission,
submitted by the State of Georgia,
through the Georgia Department of
Natural Resources, Environmental
Protection Division, on December 14,
2015, to demonstrate that the State
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2012 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). The CAA requires
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that each state adopt and submit a SIP
for the implementation, maintenance
and enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’
Georgia certified that its SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in Georgia.
EPA is approving portions of Georgia’s
infrastructure SIP submission, provided
to EPA on December 14, 2015, as
satisfying certain required infrastructure
elements for the 2012 Annual PM2.5
NAAQS.
DATES: This rule will be effective
December 21, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0425. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. See
PO 00000
Frm 00050
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78 FR 3086 (January 15, 2013). Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIPs meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than
December 14, 2015.
In a proposed rulemaking published
on August 23, 2016 (81 FR 57544), EPA
proposed to approve portions of
Georgia’s December 14, 2015, SIP
submission for the 2012 Annual PM2.5
NAAQS, with the exception of the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4), for which EPA did not
propose any action. On July 11, 2016,
EPA published a proposed rule related
to the prong 4 element of Georgia’s
December 14, 2015, SIP submission for
the 2012 PM2.5 NAAQS. See 81 FR
44831. EPA will consider final action on
the prong 4 element of Georgia’s March
25, 2013, SIP submission for the 2012
PM2.5 NAAQS through a separate
rulemaking. With respect to the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) (prongs 1 and
2), EPA is considering this portion of
Georgia’s December 14, 2015,
submission through a separate
rulemaking. The details of Georgia’s
submission and the rationale for EPA’s
actions for this final rule are explained
in the August 23, 2016, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
September 22, 2016. EPA received no
adverse comments.
II. Final Action
EPA is taking final action to approve
Georgia’s infrastructure submission
submitted on December 14, 2015, for the
2012 Annual PM2.5 NAAQS for the
infrastructure SIP requirements, with
the exception of the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2 and 4). EPA is
taking final action to approve all other
elements of Georgia’s infrastructure SIP
submissions for the 2012 Annual PM2.5
NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
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]]>Agencies
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83154-83156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27853]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0819; FRL-9954-78-Region 9]
Revisions to the California State Implementation Plan; South
Coast Air Quality Management District; Control of Oxides of Nitrogen
Emissions From Off-Road Diesel Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve South Coast Air Quality Management District (SCAQMD
or ``the District'') Rule 2449, Control of Oxides of Nitrogen Emissions
from Off-Road Diesel Vehicles, as a revision to the SCAQMD portion of
the California State Implementation Plan (SIP). SCAQMD Rule 2449 adopts
by reference title 13, chapter 9, section 2449.2 of the California Code
of Regulations, ``Surplus Off-Road Opt-In for NOX (SOON)
Program.'' SCAQMD Rule 2449 requires certain in-use off-road vehicle
fleets to meet more stringent requirements in the South Coast area when
funding is provided by the District in order to achieve additional
reductions of oxides of nitrogen (NOX).
DATES: This rule will be effective on December 21, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2015-0819. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, (415)
947-3407, lawrence.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and the EPA's Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On March 10, 2016 (81 FR 12637), under section 110(k) of the Clean
Air Act (CAA or ``the Act''), the EPA proposed to approve SCAQMD Rule
2449, ``Control of Oxides of Nitrogen Emissions from Off-Road Diesel
Vehicles'' into the South Coast portion of the California SIP. SCAQMD
Rule 2449 adopts by reference title 13, chapter 9, section 2449.2 of
the California Code of Regulations, ``Surplus Off-Road Opt-In for
NOX (SOON) Program.'' The rule requires certain in-use off-
road vehicle fleets meet more stringent requirements in the South Coast
area when funding is provided by the District in order to achieve
additional reductions of NOX. SCAQMD Rule 2449 was
originally adopted by the SCAQMD on May 2, 2008, and submitted to the
EPA by the
[[Page 83155]]
State of California on July 18, 2008. The District adopted revisions to
the rule on July 11, 2014, and the amended rule was submitted to the
EPA by the State on September 5, 2014. The 2014 revisions incorporated
minor administrative updates made to the SOON program by the California
Air Resources Board (CARB) in December 2011.
Off-road diesel vehicles collectively represent one of the largest
sources of NOX emissions in the South Coast Air Basin. The
purpose of Rule 2449 is to achieve surplus NOX reductions
from this source category beyond those required under CARB's Off-Road
Regulation, with funding provided by the SCAQMD. The SCAQMD's 2012 Air
Quality Management Plan relies on NOX reductions from Rule
2449 to attain the one-hour and 1997 eight-hour ozone National Ambient
Air Quality Standards. Rule 2449 is expected to achieve 7.5 tons per
day (tpd) of NOX reductions in 2023. We note that the EPA is
not approving these emission reductions in today's proposed rule;
emission reductions or SIP credit from Rule 2449 will be addressed in
future EPA actions on attainment plans.
Since our action proposing approval of Rule 2449, SCAQMD has
adopted revisions to the SOON program guidelines. The revised
guidelines were adopted on March 4, 2016, and sent to CARB for
evaluation on August 17, 2016. CARB approved the guidelines on October
6, 2016.\1\ A copy of this approval letter is found in the docket for
this rulemaking action.
---------------------------------------------------------------------------
\1\ See letter dated October 6, 2016, from Jack Kitowski, Chief,
CARB Mobile Source Control Division to Henry Hogo, Deputy Executive
Officer, SCAQMD.
---------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and the EPA's Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Final Action
Pursuant to section 110(k)(3) of the Act and for the reasons stated
in our proposed rule, the EPA is approving CARB's September 5, 2014
submittal of SCAQMD Rule 2449, ``Control of Oxides of Nitrogen
Emissions from Off-Road Diesel Vehicles,'' as a revision to the SCAQMD
portion of the California SIP.
IV. 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 SCAQMD
Rule 2449 in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, SCAQMD Rule 2449 available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. 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 January 20, 2017. 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. 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 83156]]
Dated: October 18, 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 paragraph (c)(482) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(482) New regulations for the following APCDs were submitted on
September 5, 2014 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-
Road Diesel Vehicles,'' amended on July 11, 2014.
* * * * *
[FR Doc. 2016-27853 Filed 11-18-16; 8:45 am]
BILLING CODE 6560-50-P
