Revisions to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits, 27125-27127 [2017-12235]
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27125
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
§ 52.2270
adding an entry at the end for ‘‘Vehicle
Inspection and Maintenance and
Nonattainment New Source Review
Requirements for the 2008 Ozone
NAAQS’’ to read as follows:
Subpart SS—Texas
2. In § 52.2270(e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas is amended by
■
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
*
*
Vehicle Inspection and Maintenance and Nonattainment New
Source Review Requirements
for the 2008 Ozone NAAQS.
*
Dallas-Fort Worth, TX ..................
State
approval/
submittal
date
Applicable geographic or
non-attainment area
*
7/6/2016
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0621; FRL–9962–57–
Region 9]
Revisions to the California State
Implementation Plan; Imperial County
Air Pollution Control District;
Stationary Sources Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on
revisions to the Imperial County Air
Pollution Control District (ICAPCD or
District) portion of the California State
Implementation Plan (SIP). We are
finalizing full approval of two rules.
Both rules update and revise the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution. We
are also finalizing a technical correction
to a previous action that will remove
one rule from the SIP.
DATES: This rule will be effective on July
14, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
Comments
*
*
6/14/2017, [Insert Federal Register citation].
EPA–R09–OAR–2015–0621. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although it may be listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (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.
[FR Doc. 2017–12210 Filed 6–13–17; 8:45 am]
SUMMARY:
EPA approval date
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
Definitions
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
*
(i) The word or initials CAA mean or
refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials CARB mean or refer to
the California Air Resources Board.
(iii) The initials CFR mean or refer to
Code of Federal Regulations.
(iv) The initials or words EPA, we, us
or our mean or refer to the United States
Environmental Protection Agency.
(v) The word or initials ICAPCD or
District mean or refer to the Imperial
County Air Pollution Control District,
the agency with jurisdiction over
stationary sources within Imperial
County.
(vi) The initials NSR mean or refer to
New Source Review.
(vii) The initials SIP mean or refer to
State Implementation Plan.
I. Proposed Action
On December 19, 2016, the EPA
proposed a full approval of two rules
and a limited approval and limited
disapproval (LA/LD) of one rule (as
noted in Table 1) submitted by CARB
for incorporation into the ICAPCD
portion of the California SIP. 81 FR
91895. Table 1 also lists the dates the
rules were adopted by ICAPCD and
submitted by CARB, which is the
governor’s designee for California SIP
submittals.
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TABLE 1—SUBMITTED NSR RULES
Adopted/
revised
Rule #
Rule title
204 ............................
206 ............................
207 ............................
Applications ................................................................
Processing of Applications ........................................
New and Modified Stationary Source Review ...........
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9/14/99
10/22/13
10/22/13
Submitted
05/26/00
02/10/14
1/21/14
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Proposed action
Full Approval.
Full Approval.
LA/LD.
27126
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
The EPA proposed to approve Rules
204 and 206 as part of ICAPCD’s NSR
permitting program because we
determined that these rules meet the
statutory requirements for SIP revisions
as specified in sections 110(l) and 193
of the CAA. Rules 204 and 206, together
with Rule 207, satisfy the substantive
statutory and regulatory requirements
for a NSR permit program as contained
in CAA section 110(a)(2)(c) and 40 CFR
51.160–51.164. We also proposed a
limited approval and limited
disapproval of Rule 207. We do not
intend to finalize that proposed action.
Instead, we intend to take a new
rulemaking action to conditionally
approve Rule 207 into the Imperial
County portion of the California SIP. We
also proposed to remove Rule 103
(Exemptions) as a technical correction
to a previous action approving Rule 202
(Exemptions) into the ICAPCD portion
of the California SIP, which superseded
and replaced Rule 103. 76 FR 26615
(May 9, 2011).
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II. EPA Action
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
Therefore, as authorized by CAA section
110(k)(3) and 301(a), the EPA is
finalizing approval of Rule 204
(Applications) and Rule 206 (Processing
of Applications) into the ICAPCD
portion of the California SIP. This action
will incorporate the submitted rules into
the SIP.
In this action we are also finalizing a
technical correction to our previous
action approving Rule 202 into the
ICAPCD portion of the California SIP.1
In that action, our approval of Rule 202
into the SIP superseded and replaced
Rule 103, which EPA had previously
approved on May 31, 1972 (37 FR
10832), but we failed to include the
necessary regulatory text to effect this
change. This final action includes the
necessary regulatory text to remove Rule
103 from the California SIP. We did not
seek public comment on this technical
correction because public participation
requirements were satisfied as part of
our action approving Rule 202 into the
SIP.
In the proposed action, we also
proposed a limited approval and limited
disapproval of Rule 207 (New and
Modified Stationary Source Review).
We do not intend to finalize that
proposed action. Instead, we intend to
take a new rulemaking action to
conditionally approve Rule 207 into the
1 76
16:55 Jun 13, 2017
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
ICAPCD rules listed in Table 1 of this
document. The EPA has made, and will
continue to make, these rules 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.
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
FR 26615 (May 9, 2011).
VerDate Sep<11>2014
Imperial County portion of the
California SIP.
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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
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.
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
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 August 14, 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: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (b)(14)(ii),
(c)(279)(i)(A)(15) and (16), and
(c)(442)(i)(A)(4) to read as follows:
■
Identification of plan-in part.
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*
*
*
*
*
(b) * * *
(14) * * *
(ii) Previously approved on May 31,
1972 in paragraph (b)(14) of this section
and now deleted with replacement in
paragraph (c)(351)(i)(A)(4) of this
section, Rule 103.
*
*
*
*
*
(c) * * *
(279) * * *
(i) * * *
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[FR Doc. 2017–12235 Filed 6–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0237; FRL–9962–75Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Regional Haze Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a revision to a State
Implementation Plan (SIP) submitted by
the State of New Mexico on March 14,
2014. New Mexico’s SIP revision
addresses requirements of the Act and
the EPA’s rules that require New Mexico
to submit a periodic report assessing
progress toward the reasonable progress
goals (RPGs) for mandatory Class I
Federal areas in and outside New
Mexico with a determination of the
adequacy of the State’s existing regional
haze SIP.
DATES: This rule is effective on July 14,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2014–0237. All
documents in the docket are listed at 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
SUMMARY:
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.220
(A) * * *
(15) Rule 204, ‘‘Applications,’’ revised
on September 14, 1999.
(16) Previously approved on January
3, 2007 in paragraph (c)(279)(i)(A)(14) of
this section and now deleted with
replacement in paragraph
(c)(442)(i)(A)(4) of this section, Rule
206.
*
*
*
*
*
(442) * * *
(i) * * *
(A) * * *
(4) Rule 206, ‘‘Processing of
Applications,’’ revised on October 22,
2013.
*
*
*
*
*
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27127
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: Mr.
James E. Grady, (214) 665–6745;
grady.james@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ each mean ‘‘the EPA.’’
I. Background
The background for this action is
discussed in detail in the EPA’s
November 3, 2015 proposal.1 In that
document, the EPA proposed to approve
New Mexico’s regional haze progress
report SIP revision (submitted on March
14, 2014) as meeting the applicable
regional haze requirements set forth in
40 CFR 51.309(d)(10). In addition, the
EPA proposed to approve New Mexico’s
determination that the current regional
haze SIP is adequate to meet the State’s
RPGs for the first planning period and
requires no further substantive revision
to achieve established goals for visibility
improvement and emission reductions.
The proposal and the accompanying
technical support document (TSD)
provide detailed descriptions of New
Mexico’s SIP revision and the rationale
for the EPA’s proposed approval of the
State’s submittal. Please see the docket
for these and other documents regarding
the proposal.
The public comment period for the
proposal closed on December 3, 2015.
The EPA received one set of comments
in a letter dated December 3, 2015, from
the National Parks Conservation
Association and the San Juan Citizens
Alliance regarding the EPA’s proposal.
The comment letter is included in the
publicly posted docket associated with
this action at https://
www.regulations.gov. Below, the EPA
provides a summary of the comments
received and corresponding responses.
After careful consideration of the
comments and the information
provided, the EPA is approving the
progress report, as proposed.
II. Response to Comments
Comment: The commenter noted that
New Mexico’s progress report indicated
that the State is no longer implementing
its State Mobile Source Regulation but
is relying on federal programs that will
achieve the same reductions. The
commenter argued that the progress
report does not meet 40 CFR
51.309(d)(10)(i)(A) because it was not
clear about the start date of the State’s
1 See
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80 FR 67682.
14JNR1
]]>Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27125-27127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12235]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0621; FRL-9962-57-Region 9]
Revisions to the California State Implementation Plan; Imperial
County Air Pollution Control District; Stationary Sources Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing action
on revisions to the Imperial County Air Pollution Control District
(ICAPCD or District) portion of the California State Implementation
Plan (SIP). We are finalizing full approval of two rules. Both rules
update and revise the District's New Source Review (NSR) permitting
program for new and modified sources of air pollution. We are also
finalizing a technical correction to a previous action that will remove
one rule from the SIP.
DATES: This rule will be effective on July 14, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2015-0621. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although it may be
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (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
Definitions
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials CAA mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials CARB mean or refer to the California Air
Resources Board.
(iii) The initials CFR mean or refer to Code of Federal
Regulations.
(iv) The initials or words EPA, we, us or our mean or refer to the
United States Environmental Protection Agency.
(v) The word or initials ICAPCD or District mean or refer to the
Imperial County Air Pollution Control District, the agency with
jurisdiction over stationary sources within Imperial County.
(vi) The initials NSR mean or refer to New Source Review.
(vii) The initials SIP mean or refer to State Implementation Plan.
I. Proposed Action
On December 19, 2016, the EPA proposed a full approval of two rules
and a limited approval and limited disapproval (LA/LD) of one rule (as
noted in Table 1) submitted by CARB for incorporation into the ICAPCD
portion of the California SIP. 81 FR 91895. Table 1 also lists the
dates the rules were adopted by ICAPCD and submitted by CARB, which is
the governor's designee for California SIP submittals.
Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
Adopted/
Rule # Rule title revised Submitted Proposed action
----------------------------------------------------------------------------------------------------------------
204.............................. Applications............ 9/14/99 05/26/00 Full Approval.
206.............................. Processing of 10/22/13 02/10/14 Full Approval.
Applications.
207.............................. New and Modified 10/22/13 1/21/14 LA/LD.
Stationary Source
Review.
----------------------------------------------------------------------------------------------------------------
[[Page 27126]]
The EPA proposed to approve Rules 204 and 206 as part of ICAPCD's
NSR permitting program because we determined that these rules meet the
statutory requirements for SIP revisions as specified in sections
110(l) and 193 of the CAA. Rules 204 and 206, together with Rule 207,
satisfy the substantive statutory and regulatory requirements for a NSR
permit program as contained in CAA section 110(a)(2)(c) and 40 CFR
51.160-51.164. We also proposed a limited approval and limited
disapproval of Rule 207. We do not intend to finalize that proposed
action. Instead, we intend to take a new rulemaking action to
conditionally approve Rule 207 into the Imperial County portion of the
California SIP. We also proposed to remove Rule 103 (Exemptions) as a
technical correction to a previous action approving Rule 202
(Exemptions) into the ICAPCD portion of the California SIP, which
superseded and replaced Rule 103. 76 FR 26615 (May 9, 2011).
II. EPA Action
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments. Therefore, as authorized
by CAA section 110(k)(3) and 301(a), the EPA is finalizing approval of
Rule 204 (Applications) and Rule 206 (Processing of Applications) into
the ICAPCD portion of the California SIP. This action will incorporate
the submitted rules into the SIP.
In this action we are also finalizing a technical correction to our
previous action approving Rule 202 into the ICAPCD portion of the
California SIP.\1\ In that action, our approval of Rule 202 into the
SIP superseded and replaced Rule 103, which EPA had previously approved
on May 31, 1972 (37 FR 10832), but we failed to include the necessary
regulatory text to effect this change. This final action includes the
necessary regulatory text to remove Rule 103 from the California SIP.
We did not seek public comment on this technical correction because
public participation requirements were satisfied as part of our action
approving Rule 202 into the SIP.
In the proposed action, we also proposed a limited approval and
limited disapproval of Rule 207 (New and Modified Stationary Source
Review). We do not intend to finalize that proposed action. Instead, we
intend to take a new rulemaking action to conditionally approve Rule
207 into the Imperial County portion of the California SIP.
---------------------------------------------------------------------------
\1\ 76 FR 26615 (May 9, 2011).
---------------------------------------------------------------------------
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
ICAPCD rules listed in Table 1 of this document. The EPA has made, and
will continue to make, these rules 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 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.
[[Page 27127]]
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 August 14, 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: May 19, 2017.
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)(14)(ii),
(c)(279)(i)(A)(15) and (16), and (c)(442)(i)(A)(4) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(b) * * *
(14) * * *
(ii) Previously approved on May 31, 1972 in paragraph (b)(14) of
this section and now deleted with replacement in paragraph
(c)(351)(i)(A)(4) of this section, Rule 103.
* * * * *
(c) * * *
(279) * * *
(i) * * *
(A) * * *
(15) Rule 204, ``Applications,'' revised on September 14, 1999.
(16) Previously approved on January 3, 2007 in paragraph
(c)(279)(i)(A)(14) of this section and now deleted with replacement in
paragraph (c)(442)(i)(A)(4) of this section, Rule 206.
* * * * *
(442) * * *
(i) * * *
(A) * * *
(4) Rule 206, ``Processing of Applications,'' revised on October
22, 2013.
* * * * *
[FR Doc. 2017-12235 Filed 6-13-17; 8:45 am]
BILLING CODE 6560-50-P
