Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Mendocino County Air Quality Management District; Stationary Source Permits, 30770-30773 [2017-13188]
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30770
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 1, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Dated: June 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. Section 52.520(c) is amended under
Chapter 62–210 and 62–212 by revising
entries for ‘‘62–210.200,’’ ‘‘62–210.220,’’
and ‘‘62–212.720’’ to read as follows:
■
§ 52.520
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Identification of plan.
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(c) * * *
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EPA-APPROVED FLORIDA REGULATIONS
State citation (section)
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State
effective
date
Title/subject
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Chapter 62–210
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Definitions ....................................
62–210.220 ..................................
Small Business Assistance Program.
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Actuals Plantwide
Limits (PALs).
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3/11/10
10/6/08
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7/3/2017 [Insert citation of publication].
7/3/2017 [Insert citation of publication].
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Applicability
12/17/13
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R09–OAR–2016–0726; FRL–9960–08–
Region 9]
Approval and Limited Approval and
Limited Disapproval of Air Quality
Implementation Plans; California;
Mendocino County Air Quality
Management District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
AGENCY:
17:08 Jun 30, 2017
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7/3/2017 [Insert citation of publication].
BILLING CODE 6560–50–P
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Stationary Sources—Preconstruction Review
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[FR Doc. 2017–13862 Filed 6–30–17; 8:45 am]
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Chapter 62–212
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62–212.720 ..................................
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Explanation
Stationary Sources—General Requirements
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62–210.200 ..................................
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EPA approval date
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ACTION:
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Final rule.
The Environmental Protection
Agency (EPA) is finalizing action on
four permitting rules submitted as a
revision to the Mendocino County Air
Quality Management District
(‘‘MCAQMD’’ or ‘‘the District’’) portion
of the applicable state implementation
plan (SIP) for the State of California
pursuant to requirements under the
Clean Air Act (CAA or Act). We are
finalizing a limited approval and
limited disapproval of one rule and
finalizing approval of the remaining
three permitting rules. The amended
SUMMARY:
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
rules govern the issuance of permits for
stationary sources, including review and
permitting of minor sources, and major
sources and major modifications under
part C of title I of the Act. The limited
disapproval action triggers an obligation
for EPA to promulgate a Federal
Implementation Plan (FIP) for the
specific New Source Review (NSR)
program deficiencies unless California
submits and we approve SIP revisions
that correct the deficiencies within two
years of the final action.
DATES: This rule will be effective on
August 2, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2016–0726. 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:
Laura Yannayon, by phone: (415) 972–
3534 or by email at yannayon.laura@
epa.gov.
30771
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2016 (81 FR 95074),
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 Mendocino
County portion of the California SIP.
TABLE 1—SUBMITTED NSR RULES
Rule No.
Rule title
1–130 ................................
1–200 ................................
1–220 ................................
Definitions .....................................................................
Permit Requirements ....................................................
New Source Review Standards (Including PSD Evaluations).
Action on Applications ..................................................
1–230 ................................
We proposed a full approval of Rules
1–130, 1–200 and 1–230 because we
determined that these rules improve the
SIP and are consistent with the relevant
CAA requirements. We proposed a
limited approval of Rule 1–220 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 1–220 because some
rule provisions conflict with part C of
the Act. These provisions include the
following:
A. Rule 1–220 does not contain any
provisions specifying that required air
quality modeling shall be based on the
applicable models, databases, and other
requirements specified in Part 51
Appendix W; therefore, the
requirements of 40 CFR 51.160(f) and
51.166(l) have not been meet.
B. The requirements of 40 CFR
51.166(r)(1) and (2) have not been met
because the rule does not include the
necessary information about a source’s
obligations.
sradovich on DSK3GMQ082PROD with RULES
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 a limited approval of Rule
1–220 and a full approval of Rules 1–
130, 1–200 and 1–230. This action
incorporates the submitted rules into
the Mendocino County portion of the
California SIP, including those
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Amended/adopted
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
MCAQMD 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
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11/15/16
11/15/16
11/15/16
Full Approval.
Full Approval.
LA/LD.
9/20/16
III. Incorporation by Reference
Frm 00051
Proposed action
9/20/16
9/20/16
9/20/16
provisions identified as deficient. As
authorized under section 110(k)(3) and
301(a), the EPA is simultaneously
finalizing a limited disapproval of Rule
1–220.
As a result, the EPA must promulgate
a federal implementation plan (FIP)
under section 110(c) unless we approve
subsequent SIP revisions that correct the
rule within 24 months. EPA staff are
coordinating with Mendocino County
AQMD and expect resolution of the
deficiencies before a FIP would be
required.
In addition, because we are finalizing
our proposed action, the California
Infrastructure SIP deficiencies identified
in our April 2016 (81 FR 18766)
rulemaking with respect to Mendocino
County AQMD for the 1997 and 2006
PM2.5 NAAQS are remedied. Therefore,
we are updating the Mendocino County
portion of the California SIP
accordingly.
PO 00000
Submitted
11/15/16
Full Approval.
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.
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30772
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
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
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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.
Subpart F—California
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
§ 52.220
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 September 1,
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 1, 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—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.220 is amended by
adding paragraphs (c)(119)(ii)(C),
(c)(158)(i)(D), and (c)(489) and removing
and reserving paragraphs (c)(171)(i)(A)
and (c)(385)(i)(A) to read as follows:
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(c) * * *
(119) * * *
(ii) * * *
(C) Previously approved on June 18,
1982 in paragraph (c)(119)(ii)(A) of this
section and now deleted with
replacement in paragraph
(c)(489)(i)(A)(4) of this section, Rule
230.
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(158) * * *
(i) * * *
(D) Previously approved on July 31,
1985 in paragraph (c)(158)(i)(B) of this
section and now deleted with
replacement in paragraph
(c)(489)(i)(A)(3) of this section, Chapter
II, 220 (a)(2) and (b)(3, 4, 6, 8 and 9).
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(171) * * *
(i) * * *
(A) [Reserved]
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(385) * * *
(i) * * *
(A) [Reserved]
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(489) Amended regulations for the
following AQMD was submitted on
November 15, 2016 by the Governor’s
Designee.
(i) Incorporation by Reference. (A)
Mendocino County Air Quality
Management District.
(1) Regulation I, Rule 1–130,
‘‘Definitions,’’ amended on September
20, 2016.
(2) Regulation I, Rule 1–200, ‘‘Permit
Requirements,’’ amended on September
20, 2016.
(3) Regulation I, Rule 1–220, ‘‘New
Source Review Standards (Including
PSD Evaluations),’’ amended on
September 20, 2016.
(4) Regulation I, Rule 1–230, ‘‘Action
on Applications,’’ amended on
September 20, 2016.
§ 52.223
Authority: 42 U.S.C. 7401 et seq.
PO 00000
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[Amended]
3. Section 52.223 is amended by
removing and reserving paragraphs
(i)(2), (j)(1), (k)(1), (l)(2), (m)(1), (n)(1),
and (o)(1).
■
§ 52.233
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan—in part.
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[Amended]
4. Section 52.233 is amended by
removing and reserving paragraph
(d)(12).
■
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5. Section 52.270 is amended by
revising paragraph (b)(3) introductory
text to read as follows:
■
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(3) The PSD program for Mendocino
County Air Quality Management
District, as incorporated by reference in
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§ 52.220(c)(489) is approved under Part
C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to
apply § 52.21 in certain cases. The
provisions of § 52.21 except for
paragraph (a)(1) are therefore
incorporated and made a part of the
State plan for California for the
Mendocino County Air Quality
Management District for:
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PO 00000
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§ 52.283
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[Amended]
6. Section 52.283 is amended by
removing and reserving paragraphs
(c)(1)(i), (d)(1)(i), (e)(2)(i), (f)(2)(i), and
(g)(1)(i).
■
[FR Doc. 2017–13188 Filed 6–30–17; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30770-30773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13188]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0726; FRL-9960-08-Region 9]
Approval and Limited Approval and Limited Disapproval of Air
Quality Implementation Plans; California; Mendocino 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 four permitting rules submitted as a revision to the Mendocino
County Air Quality Management District (``MCAQMD'' or ``the District'')
portion of the applicable state implementation plan (SIP) for the State
of California pursuant to requirements under the Clean Air Act (CAA or
Act). We are finalizing a limited approval and limited disapproval of
one rule and finalizing approval of the remaining three permitting
rules. The amended
[[Page 30771]]
rules govern the issuance of permits for stationary sources, including
review and permitting of minor sources, and major sources and major
modifications under part C of title I of the Act. The limited
disapproval action triggers an obligation for EPA to promulgate a
Federal Implementation Plan (FIP) for the specific New Source Review
(NSR) program deficiencies unless California submits and we approve SIP
revisions that correct the deficiencies within two years of the final
action.
DATES: This rule will be effective on August 2, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2016-0726. 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: Laura Yannayon, by phone: (415) 972-
3534 or by email at yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2016 (81 FR 95074), 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 Mendocino County portion of the California SIP.
Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Amended/adopted Submitted Proposed action
----------------------------------------------------------------------------------------------------------------
1-130.......................... Definitions...... 9/20/16 11/15/16 Full Approval.
1-200.......................... Permit 9/20/16 11/15/16 Full Approval.
Requirements.
1-220.......................... New Source Review 9/20/16 11/15/16 LA/LD.
Standards
(Including PSD
Evaluations).
1-230.......................... Action on 9/20/16 11/15/16 Full Approval.
Applications.
----------------------------------------------------------------------------------------------------------------
We proposed a full approval of Rules 1-130, 1-200 and 1-230 because
we determined that these rules improve the SIP and are consistent with
the relevant CAA requirements. We proposed a limited approval of Rule
1-220 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 1-220 because
some rule provisions conflict with part C of the Act. These provisions
include the following:
A. Rule 1-220 does not contain any provisions specifying that
required air quality modeling shall be based on the applicable models,
databases, and other requirements specified in Part 51 Appendix W;
therefore, the requirements of 40 CFR 51.160(f) and 51.166(l) have not
been meet.
B. The requirements of 40 CFR 51.166(r)(1) and (2) have not been
met because the rule does not include the necessary information about a
source's obligations.
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 a limited
approval of Rule 1-220 and a full approval of Rules 1-130, 1-200 and 1-
230. This action incorporates the submitted rules into the Mendocino
County portion of the California SIP, including those provisions
identified as deficient. As authorized under section 110(k)(3) and
301(a), the EPA is simultaneously finalizing a limited disapproval of
Rule 1-220.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule within 24 months. EPA staff are coordinating with
Mendocino County AQMD and expect resolution of the deficiencies before
a FIP would be required.
In addition, because we are finalizing our proposed action, the
California Infrastructure SIP deficiencies identified in our April 2016
(81 FR 18766) rulemaking with respect to Mendocino County AQMD for the
1997 and 2006 PM2.5 NAAQS are remedied. Therefore, we are
updating the Mendocino County portion of the California SIP
accordingly.
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
MCAQMD 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.
[[Page 30772]]
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.
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 September 1, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 1, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(119)(ii)(C),
(c)(158)(i)(D), and (c)(489) and removing and reserving paragraphs
(c)(171)(i)(A) and (c)(385)(i)(A) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(119) * * *
(ii) * * *
(C) Previously approved on June 18, 1982 in paragraph
(c)(119)(ii)(A) of this section and now deleted with replacement in
paragraph (c)(489)(i)(A)(4) of this section, Rule 230.
* * * * *
(158) * * *
(i) * * *
(D) Previously approved on July 31, 1985 in paragraph
(c)(158)(i)(B) of this section and now deleted with replacement in
paragraph (c)(489)(i)(A)(3) of this section, Chapter II, 220 (a)(2) and
(b)(3, 4, 6, 8 and 9).
* * * * *
(171) * * *
(i) * * *
(A) [Reserved]
* * * * *
(385) * * *
(i) * * *
(A) [Reserved]
* * * * *
(489) Amended regulations for the following AQMD was submitted on
November 15, 2016 by the Governor's Designee.
(i) Incorporation by Reference. (A) Mendocino County Air Quality
Management District.
(1) Regulation I, Rule 1-130, ``Definitions,'' amended on September
20, 2016.
(2) Regulation I, Rule 1-200, ``Permit Requirements,'' amended on
September 20, 2016.
(3) Regulation I, Rule 1-220, ``New Source Review Standards
(Including PSD Evaluations),'' amended on September 20, 2016.
(4) Regulation I, Rule 1-230, ``Action on Applications,'' amended
on September 20, 2016.
Sec. 52.223 [Amended]
0
3. Section 52.223 is amended by removing and reserving paragraphs
(i)(2), (j)(1), (k)(1), (l)(2), (m)(1), (n)(1), and (o)(1).
Sec. 52.233 [Amended]
0
4. Section 52.233 is amended by removing and reserving paragraph
(d)(12).
[[Page 30773]]
0
5. Section 52.270 is amended by revising paragraph (b)(3) introductory
text to read as follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(3) The PSD program for Mendocino County Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(489) is
approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is
retaining authority to apply Sec. 52.21 in certain cases. The
provisions of Sec. 52.21 except for paragraph (a)(1) are therefore
incorporated and made a part of the State plan for California for the
Mendocino County Air Quality Management District for:
* * * * *
Sec. 52.283 [Amended]
0
6. Section 52.283 is amended by removing and reserving paragraphs
(c)(1)(i), (d)(1)(i), (e)(2)(i), (f)(2)(i), and (g)(1)(i).
[FR Doc. 2017-13188 Filed 6-30-17; 8:45 am]
BILLING CODE 6560-50-P
