Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District, 13278-13280 [2017-04777]
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13278
Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
provisions that are inconsistent with the
CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–04734 Filed 3–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0842; FRL–9958–14–
Region 5]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Minnesota sulfur dioxide
(SO2) and particulate matter of less than
10 microns (PM10) State Implementation
Plans (SIPs) as submitted on December
11, 2015. The revision will update the
Rochester SO2 and Olmsted County
PM10 maintenance plans to reflect
changes in available controls, operating
practices, and cleaner fuel options that
have resulted in significant reductions
of SO2 and PM10 emissions in the
maintenance areas. EPA is also
proposing to approve the removal of
existing title I SO2 SIP conditions for six
facilities from the SO2 SIP, and the
state’s evaluation that such changes
ensure continued attainment of the SO2
National Ambient Air Quality Standards
(NAAQS).
DATES: Comments must be received on
or before April 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0842 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
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FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
Air Plan Approval; Minnesota; Sulfur
Dioxide; Particulate Matter
SUMMARY:
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. 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.
In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if 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, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
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Dated: December 29, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–04691 Filed 3–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0653; FRL–9959–05–
Region 9]
Approval of Nevada Air Plan
Revisions, Clark County Department of
Air Quality and Washoe County Health
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Clark County
Department of Air Quality and Washoe
County Health District portions of the
Nevada State Implementation Plan.
These revisions concern emissions of
particulate matter from fugitive dust.
We are proposing to approve local rules
to regulate these emission sources under
the Clean Air Act. We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Any comments must arrive by
April 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0653 at https://
www.regulations.gov, or via email to
Andrew Steckel, Rulemaking Office
Chief at Steckel.Andrew@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be removed or edited
from Regulations.gov. For either manner
of submission, the Environmental
Protection Agency (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
SUMMARY:
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
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:
Christine Vineyard, EPA Region IX,
(415) 947–4125, vineyard.christine@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
FURTHER INFORMATION CONTACT
13279
Table of Contents
I. The State’s Submittal
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. EPA recommendations to further
improve the rules
D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by the local air agencies,
Washoe County Health District (WCHD)
and Clark County Department of Air
Quality (CCDAQ), and submitted by the
Nevada Division of Environmental
Protection (NDEP).
TABLE 1—SUBMITTED RULES
Local agency
WCHD ....................................
WCHD ....................................
CCDAQ ..................................
Rule No.
010.000
040.051
26
B. Are there other versions of these
rules?
We approved an earlier version of
Rule 010.000 into the State
Implementation Plan (SIP) on February
01, 1972 (33 FR 15080) and Rule
040.051 into the SIP on June 18, 2007
(72 FR 33397). The WCHD adopted
revisions to the SIP-approved versions
on May 26, 2016 and NDEP submitted
them to us on August 15, 2016. We
approved an earlier version of Rule 26
into the SIP on August 27, 1981 (46 FR
43141). The CCDAQ adopted revisions
to the SIP-approved version on
December 30, 2008 and May 05, 2015,
and NDEP submitted them to us on
November 20, 2014 and June 29, 2015,
respectively. While we can act on only
the most recently submitted version of
the rules, we have reviewed materials
provided with previous submittals.
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C. What is the purpose of the submitted
rule revisions?
Particulate Matter (PM), including PM
equal to or less than 2.5 microns in
diameter (PM2.5) and PM equal to or less
than 10 microns in diameter (PM10),
contributes to effects that are harmful to
human health and the environment,
including premature mortality,
aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
17:00 Mar 09, 2017
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Revised
Definitions .............................................................................
Wood-Burning Devices .........................................................
Emission of Visible Air Contaminants ..................................
On September 16, 2016 and August
11, 2015, the EPA determined that the
submittals for WCHD and CCDAQ,
respectively, met the completeness
criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA
review.
VerDate Sep<11>2014
Rule title
damage to vegetation and ecosystems.
Section 110(a) of the Clean Air Act
(CAA or Act) requires states to submit
regulations that control PM emissions.
WCHD Rule 010.000 was revised to
include new definitions, eliminate
obsolete definitions and change some
existing definitions applicable to Rule
040.051, Wood-Burning Devices. WCHD
Rule 040.051 was revised to incorporate
requirements from Rule 040.052
(rescinded) and the EPA’s New Source
Performance Standards (NSPS) for
Wood Heaters. CCDAQ Rule 26 was
revised to reference the use of EPA Test
Method 9 to determine compliance with
the visible emissions limits. The EPA’s
technical support documents (TSDs)
have 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). CCDAQ and WCHD regulate areas
that are classified as attainment for the
24-hour PM10 National Ambient Air
Quality Standards (NAAQS) (see 40 CFR
part 81.305). Rule CCDAQ Rule 26 is
comparable to other district rules used
to enforce a visible emissions limit of
20% opacity and WCHD Rules 040.010
and 040.051 fulfill relevant CAA Best
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05/26/16
05/26/16
05/05/15
Submitted
08/15/16
08/15/16
06/29/15
Available Control Measures (BACM)
requirements. For these reasons, we
believe the rules will not interfere with
applicable requirements concerning
attainment and reasonable further
progress or other CAA requirements.
Guidance and policy documents that
we use to evaluate enforceability,
revision/relaxation and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ (57
FR 13498, April 16, 1992 and 57 FR 18070,
April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations’’
(‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;
revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies’’
(‘‘the Little Bluebook’’, EPA Region 9, August
21, 2001).
4. ‘‘State Implementation Plans for Serious
PM–10 Nonattainment Areas, and
Attainment Date Waivers for PM–10
Nonattainment Areas Generally; Addendum
to the General Preamble for the
Implementation of Title I of the Clean Air Act
Amendments of 1990’’ (59 FR 41998, August
16, 1994).
5. ‘‘PM–10 Guideline Document’’ (EPA
452/R–93–008, April 1993).
B. Do the rules meet the evaluation
criteria?
We are proposing to approve these
rules because they are consistent with
the relevant policy and guidance
regarding enforceability, and SIP
relaxations. The TSDs have more
information on our evaluation.
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
C. EPA Recommendations to Further
Improve the Rules
The TSDs describe additional rule
revisions that we recommend for the
next time the local agency modifies the
rules.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rules because
they fulfill all relevant requirements.
We will accept comments from the
public on this proposal until April 10,
2017. If we take final action to approve
the submitted rules, our final action will
incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the CCQAD and WCHD rules described
in Table 1 of this preamble. The EPA
has made, and will continue to make,
these materials 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).
sradovich on DSK3GMQ082PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly, this proposed
action merely proposes to approve State
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
State law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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.);
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• 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
disproportionate human health or
environmental effects with practical,
appropriate, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 19, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–04777 Filed 3–9–17; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0415; FRL–9959–44–
Region 9]
Approval of California Air Plan
Revisions, Antelope Valley Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Antelope Valley Air
Quality Management District
(AVAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) from passenger
vehicles. We are proposing to approve a
local rule to regulate these emission
sources under the Clean Air Act (CAA
or the Act). We are taking comments on
this proposal and plan to follow with a
final action.
DATES: Any comments must arrive by
April 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0415 at https://
www.regulations.gov, or via email to
steckel.andrew@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting/-epa-dockets.
SUMMARY:
E:\FR\FM\10MRP1.SGM
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Agencies
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13278-13280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04777]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0653; FRL-9959-05-Region 9]
Approval of Nevada Air Plan Revisions, Clark County Department of
Air Quality and Washoe County Health District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Clark County Department of Air Quality and
Washoe County Health District portions of the Nevada State
Implementation Plan. These revisions concern emissions of particulate
matter from fugitive dust. We are proposing to approve local rules to
regulate these emission sources under the Clean Air Act. We are taking
comments on this proposal and plan to follow with a final action.
DATES: Any comments must arrive by April 10, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0653 at https://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at Steckel.Andrew@epa.gov. For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the
Environmental Protection Agency (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
[[Page 13279]]
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: Christine Vineyard, EPA Region IX,
(415) 947-4125, vineyard.christine@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. EPA recommendations to further improve the rules
D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agencies, Washoe County Health
District (WCHD) and Clark County Department of Air Quality (CCDAQ), and
submitted by the Nevada Division of Environmental Protection (NDEP).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
WCHD........................... 010.000 Definitions........... 05/26/16 08/15/16
WCHD........................... 040.051 Wood-Burning Devices.. 05/26/16 08/15/16
CCDAQ.......................... 26 Emission of Visible 05/05/15 06/29/15
Air Contaminants.
----------------------------------------------------------------------------------------------------------------
On September 16, 2016 and August 11, 2015, the EPA determined that
the submittals for WCHD and CCDAQ, respectively, 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?
We approved an earlier version of Rule 010.000 into the State
Implementation Plan (SIP) on February 01, 1972 (33 FR 15080) and Rule
040.051 into the SIP on June 18, 2007 (72 FR 33397). The WCHD adopted
revisions to the SIP-approved versions on May 26, 2016 and NDEP
submitted them to us on August 15, 2016. We approved an earlier version
of Rule 26 into the SIP on August 27, 1981 (46 FR 43141). The CCDAQ
adopted revisions to the SIP-approved version on December 30, 2008 and
May 05, 2015, and NDEP submitted them to us on November 20, 2014 and
June 29, 2015, respectively. While we can act on only the most recently
submitted version of the rules, we have reviewed materials provided
with previous submittals.
C. What is the purpose of the submitted rule revisions?
Particulate Matter (PM), including PM equal to or less than 2.5
microns in diameter (PM2.5) and PM equal to or less than 10
microns in diameter (PM10), contributes to effects that are
harmful to human health and the environment, including premature
mortality, aggravation of respiratory and cardiovascular disease,
decreased lung function, visibility impairment, and damage to
vegetation and ecosystems. Section 110(a) of the Clean Air Act (CAA or
Act) requires states to submit regulations that control PM emissions.
WCHD Rule 010.000 was revised to include new definitions, eliminate
obsolete definitions and change some existing definitions applicable to
Rule 040.051, Wood-Burning Devices. WCHD Rule 040.051 was revised to
incorporate requirements from Rule 040.052 (rescinded) and the EPA's
New Source Performance Standards (NSPS) for Wood Heaters. CCDAQ Rule 26
was revised to reference the use of EPA Test Method 9 to determine
compliance with the visible emissions limits. The EPA's technical
support documents (TSDs) have 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). CCDAQ and WCHD regulate areas that
are classified as attainment for the 24-hour PM10 National
Ambient Air Quality Standards (NAAQS) (see 40 CFR part 81.305). Rule
CCDAQ Rule 26 is comparable to other district rules used to enforce a
visible emissions limit of 20% opacity and WCHD Rules 040.010 and
040.051 fulfill relevant CAA Best Available Control Measures (BACM)
requirements. For these reasons, we believe the rules will not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements.
Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21,
2001).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990'' (59 FR 41998,
August 16, 1994).
5. ``PM-10 Guideline Document'' (EPA 452/R-93-008, April 1993).
B. Do the rules meet the evaluation criteria?
We are proposing to approve these rules because they are consistent
with the relevant policy and guidance regarding enforceability, and SIP
relaxations. The TSDs have more information on our evaluation.
[[Page 13280]]
C. EPA Recommendations to Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because they fulfill all relevant
requirements. We will accept comments from the public on this proposal
until April 10, 2017. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the CCQAD and WCHD rules described in Table 1 of this
preamble. The EPA has made, and will continue to make, these materials
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).
IV. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 disproportionate human health or environmental effects with
practical, appropriate, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 19, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-04777 Filed 3-9-17; 8:45 am]
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