Approval and Limited Approval and Limited Disapproval of California State Implementation Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits, 93820-93822 [2016-30644]
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
data shows the bridge has not received
a request to open during these dates and
times in the last three years.
Under this temporary deviation, the
Long Beach Bridge shall open on signal
from 5 p.m. on December 23, 2016, to
7 a.m. on December 26, 2016 and from
5 p.m. on December 30, 2016, to 7 a.m.
on January 2, 2017, if at least four-hour
advance notice is given by calling the
number posted at the bridge.
Vessels able to pass under the bridge
in the closed position may do so at
anytime. The bridge will not be able to
immediately open for emergencies and
there are no alternate routes for vessels
to pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
This deviation from the operating
regulations is authorized under 33 CFR
117.35. In accordance with 33 CFR
117.35(e), the drawbridge must return to
its regular operating schedule
immediately at the end of the effective
period of this temporary deviation.
Dated: December 19, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2016–30864 Filed 12–21–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–1038]
Drawbridge Operation Regulation;
Harlem River, New York, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the 125 Street
(Triborough) Bridge across the Harlem
River, mile 1.3, at New York, New York.
This deviation is necessary to allow the
bridge owner to facilitate rehabilitation
of the mechanical and electrical
components of the bridge. This
deviation allows the bridge to remain in
the closed position for the duration of
the rehabilitation project.
DATES: This deviation is effective from
January 17, 2017 through May 15, 2017.
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SUMMARY:
VerDate Sep<11>2014
15:15 Dec 21, 2016
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The docket for this
deviation, [USCG–2016–1038] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Joe M. Arca,
Project Officer, First Coast Guard
District, telephone (212) 514–4336,
email joe.m.arca@uscg.mil.
SUPPLEMENTARY INFORMATION: The 125
Street (Triborough) Bridge, mile 1.3,
across the Harlem River, has a vertical
clearance in the closed position of 54
feet at mean high water and 59 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.789(b)(1).
The waterway is transited by
commercial tugs, barges and
recreational vessels. There have been no
requests for bridge openings in the last
two years.
The bridge owner, Triborough Bridge
and Tunnel Authority (TBTA),
requested a temporary deviation from
the normal operating schedule to
facilitate rehabilitation of the
mechanical and electrical components
of the bridge.
Under this temporary deviation, the
125 Street Bridge may remain in the
closed position from January 17, 2017
through May 15, 2017.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies and there is an
alternate route for vessels to pass.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation. The Coast Guard notified
known companies of the commercial
vessels, NYPD, and FDNY in the area
and they have no objections to the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
ADDRESSES:
Dated: December 15, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2016–30858 Filed 12–21–16; 8:45 am]
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40 CFR Part 52
[EPA–R09–OAR–2016–0322; FRL–9955–16–
Region 9]
Approval and Limited Approval and
Limited Disapproval of California State
Implementation Plan Revisions; Butte
County Air Quality Management
District; Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on
three permitting rules submitted as a
revision to the Butte County Air Quality
Management District (BCAQMD)
portion of the California State
Implementation Plan (SIP). We are
finalizing a limited approval and
limited disapproval of one rule; we are
finalizing approval of two permitting
rules; and we are deleting ten rules from
the SIP. These revisions concern the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution. This
limited disapproval will trigger
sanctions under CAA section 179 and
40 CFR 52.31 unless the EPA approves
subsequent SIP revisions that correct the
rule deficiencies within 18 months of
the effective date of the final action.
DATES: This rule will be effective on
January 23, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2016–0322. 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., CBI 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:
Thien Khoi Nguyen, EPA Region IX,
(415) 947–4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
SUMMARY:
Table of Contents
I. Proposed Action
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 19, 2016 (81 FR 55402),
the EPA proposed a limited approval
and limited disapproval (LA/LD) or a
93821
full approval (as noted in the table) of
the following rules that were submitted
for incorporation into the Butte County
portion of the California SIP.
TABLE 1—SUBMITTED NSR RULES
Rule No.
Rule title
400 .........
401 .........
432 .........
Permit Requirements ............................................................................................
Permit Exemptions ...............................................................................................
Federal New Source Review ................................................................................
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We proposed a full approval of Rules
400 and 401 as part of BCAQMD’s
general NSR permitting program
because we determined that these rules
meet the relevant CAA requirements.
We proposed a limited approval of Rule
432 because we determined that the rule
improves the SIP and is largely
consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval of Rule
432 because we determined that the rule
does not fully satisfy CAA section
189(e) requirements for regulation of
PM2.5 precursors. The rule does not
specify ammonia as a PM2.5 precursor
and the demonstration provided by
Butte County as part of its NSR program
submittal is not adequate to allow the
Administrator to determine whether
potential new major sources and major
modifications of ammonia emissions
will or will not contribute significantly
to PM2.5 levels that exceed the standard
in the area. We also proposed to remove
ten existing rules from the SIP, as the
submitted rules replaced the content of
these pre-existing rules in the SIP.
The EPA also proposed to find that it
is acceptable for BCAQMD to not
incorporate the NSR Reform provisions
of 40 CFR 51.165 into its NSR permit
program because BCAQMD’s permitting
program will not be any less stringent
than the federal permitting program. In
addition, the EPA proposed to find that
Rules 400, 401 and 432 meet the
statutory requirements for SIP revisions
as specified in sections 110(l) and 193
of the CAA.
II. EPA Action
No comments were submitted.
Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA
is finalizing approval of Rule 400 and
Rule 401, and finalizing a limited
approval and limited disapproval of
Rule 432 into the BCAQMD portion of
the California SIP. This action will
incorporate the submitted rules into the
SIP, including those provisions
identified as deficient. The approval of
Rule 432 is limited because the EPA is
simultaneously finalizing a limited
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Adopted
disapproval of Rule 432 under section
110(k)(3). This limited disapproval will
trigger sanctions under CAA section 179
and 40 CFR 52.31 unless the EPA
approves subsequent SIP revisions that
correct the rule deficiencies within 18
months of the effective date of the final
action.
Note that Rule 432 has been adopted
by the BCAQMD, and the EPA’s final
limited disapproval will not prevent the
local agency from enforcing it. The
limited disapproval also will not
prevent any portion of the rule from
being incorporated by reference into the
federally enforceable SIP as discussed in
a July 9, 1992 EPA memo found at:
https://www.epa.gov/nsr/ttnnsr01/gen/
pdf/memo-s.pdf.
In addition, because we are finalizing
our proposed action, we are removing
existing Rules 4–4, 401, 402, 403, 405,
406, 407, 420, 421 and 424 from the
Butte County portion of the California
SIP.
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
BCAQMD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and in
hard copy at the U.S. Environmental
Protection Agency, Region IX (Air–3),
75 Hawthorne Street, San Francisco, CA
94105–3901.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
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Submitted
04/24/14
04/24/14
04/24/14
11/06/14
11/06/14
11/06/14
Proposed action
Full Approval.
Full Approval.
LA/LD.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
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This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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 February 21,
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
New Source Review, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 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 [AMENDED]
Date,’’ Rule 420 ‘‘Standards for Granting
Applications,’’ and Rule 421
‘‘Conditional Approval’’.
(9) Previously approved on May 2,
2001 in paragraph (c)(168)(i)(A)(4) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 424 ‘‘State
Implementation Plan.’’
*
*
*
*
*
(222) * * *
(i) * * *
(E) * * *
(2) Previously approved on May 2,
2001 in paragraph (c)(222)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 403 ‘‘Permit to
Operate.’’
*
*
*
*
*
(457) * * *
(i) * * *
(C) * * *
(2) Rule 400, ‘‘Permit Requirements,’’
amended on April 24, 2014.
(3) Rule 401, ‘‘Permit Exemptions,’’
amended on April 24, 2014.
(4) Rule 432, ‘‘Federal New Source
Review,’’ amended on April 24, 2014.
*
*
*
*
*
[FR Doc. 2016–30644 Filed 12–21–16; 8:45 am]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
VerDate Sep<11>2014
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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)).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (b)(15),
(c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2),
and (c)(457)(i)(C)(2), (3) and (4) to read
as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(b) * * *
(15) Butte County Air Quality
Management District.
(i) Previously approved on May 31,
1972 in paragraph (b) of this section and
now deleted with replacement
paragraphs (c)(457)(i)(C)(2) and (3),
respectively: Rule 405 ‘‘Permit
Conditions’’ and Rule 04–04
‘‘Exemptions from Permit
Requirements.’’
(c) * * *
(168) * * *
(i) * * *
(A) * * *
(8) Previously approved on February
3, 1987 in paragraph (c)(168)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 401 ‘‘General
Requirements,’’ Rule 402 ‘‘Authority to
Construct,’’ Rule 406 ‘‘Emission
Calculations,’’ Rule 407 ‘‘Anniversary
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40 CFR Part 52
[EPA–R04–OAR–2016–0421; FRL–9957–09–
Region 4]
Air Plan Approval; Mississippi;
Interstate Transport (Prongs 1 and 2)
for the 2010 1-Hour NO2 Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Mississippi State Implementation
Plan (SIP), submitted by the Mississippi
Department of Environmental Quality,
on May 23, 2016, addressing the Clean
Air Act (CAA or Act) interstate transport
(prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is approving
Mississippi’s May 23, 2016, SIP
submission addressing prongs 1 and 2,
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93820-93822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30644]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0322; FRL-9955-16-Region 9]
Approval and Limited Approval and Limited Disapproval of
California State Implementation Plan Revisions; Butte County Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing action
on three permitting rules submitted as a revision to the Butte County
Air Quality Management District (BCAQMD) portion of the California
State Implementation Plan (SIP). We are finalizing a limited approval
and limited disapproval of one rule; we are finalizing approval of two
permitting rules; and we are deleting ten rules from the SIP. These
revisions concern the District's New Source Review (NSR) permitting
program for new and modified sources of air pollution. This limited
disapproval will trigger sanctions under CAA section 179 and 40 CFR
52.31 unless the EPA approves subsequent SIP revisions that correct the
rule deficiencies within 18 months of the effective date of the final
action.
DATES: This rule will be effective on January 23, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2016-0322. 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., CBI 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: Thien Khoi Nguyen, EPA Region IX,
(415) 947-4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
[[Page 93821]]
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 19, 2016 (81 FR 55402), the EPA proposed a limited
approval and limited disapproval (LA/LD) or a full approval (as noted
in the table) of the following rules that were submitted for
incorporation into the Butte County portion of the California SIP.
Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Adopted Submitted Proposed action
----------------------------------------------------------------------------------------------------------------
400................... Permit Requirements...... 04/24/14 11/06/14 Full Approval.
401................... Permit Exemptions........ 04/24/14 11/06/14 Full Approval.
432................... Federal New Source Review 04/24/14 11/06/14 LA/LD.
----------------------------------------------------------------------------------------------------------------
We proposed a full approval of Rules 400 and 401 as part of
BCAQMD's general NSR permitting program because we determined that
these rules meet the relevant CAA requirements. We proposed a limited
approval of Rule 432 because we determined that the rule improves the
SIP and is largely consistent with the relevant CAA requirements. We
simultaneously proposed a limited disapproval of Rule 432 because we
determined that the rule does not fully satisfy CAA section 189(e)
requirements for regulation of PM2.5 precursors. The rule
does not specify ammonia as a PM2.5 precursor and the
demonstration provided by Butte County as part of its NSR program
submittal is not adequate to allow the Administrator to determine
whether potential new major sources and major modifications of ammonia
emissions will or will not contribute significantly to PM2.5
levels that exceed the standard in the area. We also proposed to remove
ten existing rules from the SIP, as the submitted rules replaced the
content of these pre-existing rules in the SIP.
The EPA also proposed to find that it is acceptable for BCAQMD to
not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR
permit program because BCAQMD's permitting program will not be any less
stringent than the federal permitting program. In addition, the EPA
proposed to find that Rules 400, 401 and 432 meet the statutory
requirements for SIP revisions as specified in sections 110(l) and 193
of the CAA.
II. EPA Action
No comments were submitted. Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA is finalizing approval of Rule
400 and Rule 401, and finalizing a limited approval and limited
disapproval of Rule 432 into the BCAQMD portion of the California SIP.
This action will incorporate the submitted rules into the SIP,
including those provisions identified as deficient. The approval of
Rule 432 is limited because the EPA is simultaneously finalizing a
limited disapproval of Rule 432 under section 110(k)(3). This limited
disapproval will trigger sanctions under CAA section 179 and 40 CFR
52.31 unless the EPA approves subsequent SIP revisions that correct the
rule deficiencies within 18 months of the effective date of the final
action.
Note that Rule 432 has been adopted by the BCAQMD, and the EPA's
final limited disapproval will not prevent the local agency from
enforcing it. The limited disapproval also will not prevent any portion
of the rule from being incorporated by reference into the federally
enforceable SIP as discussed in a July 9, 1992 EPA memo found at:
https://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.
In addition, because we are finalizing our proposed action, we are
removing existing Rules 4-4, 401, 402, 403, 405, 406, 407, 420, 421 and
424 from the Butte County portion of the California SIP.
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
BCAQMD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and in
hard copy at the U.S. Environmental Protection Agency, Region IX (Air-
3), 75 Hawthorne Street, San Francisco, CA 94105-3901.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian
[[Page 93822]]
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction, and will not impose
substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
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 February 21, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, New Source Review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 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 [AMENDED]
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 (b)(15),
(c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2), and (c)(457)(i)(C)(2),
(3) and (4) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(b) * * *
(15) Butte County Air Quality Management District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted with replacement paragraphs (c)(457)(i)(C)(2)
and (3), respectively: Rule 405 ``Permit Conditions'' and Rule 04-04
``Exemptions from Permit Requirements.''
(c) * * *
(168) * * *
(i) * * *
(A) * * *
(8) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 401 ``General Requirements,'' Rule
402 ``Authority to Construct,'' Rule 406 ``Emission Calculations,''
Rule 407 ``Anniversary Date,'' Rule 420 ``Standards for Granting
Applications,'' and Rule 421 ``Conditional Approval''.
(9) Previously approved on May 2, 2001 in paragraph
(c)(168)(i)(A)(4) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 424 ``State Implementation Plan.''
* * * * *
(222) * * *
(i) * * *
(E) * * *
(2) Previously approved on May 2, 2001 in paragraph
(c)(222)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 403 ``Permit to Operate.''
* * * * *
(457) * * *
(i) * * *
(C) * * *
(2) Rule 400, ``Permit Requirements,'' amended on April 24, 2014.
(3) Rule 401, ``Permit Exemptions,'' amended on April 24, 2014.
(4) Rule 432, ``Federal New Source Review,'' amended on April 24,
2014.
* * * * *
[FR Doc. 2016-30644 Filed 12-21-16; 8:45 am]
BILLING CODE 6560-50-P
