Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District, 37817-37819 [2017-16485]
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
III. References
The following references are on
display in the Dockets Management
Staff (see ADDRESSES) and are available
for viewing by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday; they are also available
electronically at https://
www.regulations.gov. FDA has verified
the Web site addresses, as of the date
this document publishes in the Federal
Register, but Web sites are subject to
change over time.
1. Letter from Senator Amy Klobuchar,
Senator Al Franken, Representative
Collin Peterson, and Representative Tim
Walz, to President Donald J. Trump,
accessed on the Web at https://
www.klobuchar.senate.gov/public/
index.cfm/2017/4/klobuchar-frankenpeterson-walz-urge-administration-tosupport-minnesota-dairy-farmersthrough-strong-enforcement-of-our-tradelaws-with-canada.
2. Congressional Research Service, ‘‘New
Canadian Dairy Pricing Regime Proves
Disruptive for U.S. Milk Producers,’’
dated April 20, 2017, accessed on the
Web at https://www.everycrsreport.com/
reports/IN10692.html.
3. Letter from Michael D. Dykes, D.V.M.,
President and CEO, International Dairy
Foods Association, to Stephen Ostroff,
M.D., Deputy Commissioner for Foods
and Veterinary Medicine, Food and Drug
Administration, dated June 22, 2017.
section 148 of the Internal Revenue
Code applicable to tax-exempt bonds
and other tax-advantaged bonds issued
by State and local governments.
DATES: This correction is effective
August 14, 2017 and applicable July 18,
2016.
FOR FURTHER INFORMATION CONTACT:
Spence Hanemann at (202) 317–6980
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9777) that
are the subject of this correction are
under section 148 of the Internal
Revenue Code.
Need for Correction
As published, the final regulations
(TD 9777) contain an error that may
prove to be misleading and are in need
of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
amended by making the following
correcting amendment:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Dated: August 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
Authority: 26 U.S.C. 7805 * * *
[FR Doc. 2017–17118 Filed 8–11–17; 8:45 am]
§ 1.148–11
BILLING CODE 4164–01–P
■
[Amended]
Par. 2. Amend § 1.148–11(k)(1) by
adding ‘‘1.148–6(d)(3)(iii)(A);’’ before
‘‘1.148–6(d)(4)’’.
DEPARTMENT OF THE TREASURY
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration) .
Internal Revenue Service
26 CFR Part 1
[FR Doc. 2017–17135 Filed 8–11–17; 8:45 am]
[TD 9777]
BILLING CODE 4830–01–P
RIN 1545–BG41; 1545–BH38
Arbitrage Guidance for Tax-Exempt
Bonds; Correction
ENVIRONMENTAL PROTECTION
AGENCY
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
40 CFR Part 52
AGENCY:
This document contains a
correction to final regulations (TD 9777)
that were published in the Federal
Register on Monday, July 18, 2016 (81
FR 46582). The final regulations relate
to the arbitrage restrictions under
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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[EPA–R09–OAR–2017–0034; FRL–9965–26–
Region 9]
Approval of California Air Plan
Revisions, San Joaquin Valley Unified
Air Pollution Control District
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD or ‘‘the District’’)
portion of the California State
Implementation Plan (SIP). This revised
rule concerns emissions of oxides of
nitrogen, carbon monoxide, oxides of
sulfur, and particulate matter of 10
microns or less from boilers, steam
generators and process heaters. We are
approving a local rule that regulates
these emission sources under the Clean
Air Act (CAA or the Act).
SUMMARY:
This rule will be effective on
September 13, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0034. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 21, 2017 (82 FR 14496), the
EPA proposed to approve the following
rule into the California SIP.
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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37817
E:\FR\FM\14AUR1.SGM
14AUR1
37818
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
Local agency
Rule No.
Rule title
Amended
Submitted
SJVUAPCD .............................
4307
Boilers, Steam Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr.
4/21/16
8/22/16
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment.
Comment: The commenter asked how
the rule revisions would affect San
Joaquin Valley residents, who would
benefit from the revisions, and whether
the project’s impact on human health
and the environment outweigh the costs
of implementing the revisions.
Response: This comment does not
provide any new information or basis
for either supporting or opposing EPA’s
proposal. It merely poses three
questions that were previously
addressed by EPA’s proposal and
supporting docket materials.
Nonetheless, out of courtesy to the
commenter, we summarize our previous
analysis, as follows. Prior to the rule
revision, the rule exempted tree-nut
pasteurizers fired exclusively on natural
gas. The revisions expand the
exemption to tree-nut pasteurizers fired
by liquefied petroleum gas (LPG). The
District anticipates a handful of new
LPG-fired tree-nut pasteurizers will
benefit from the rule revisions, but
predicts that the difference in emissions
from LPG instead of natural gas will be
negligible. The District states that ‘‘[T]he
proposed amendment would not result
in new or more stringent regulatory
controls and would not affect air quality
or emission limitations . . . [and that]
no costs are associated with this
proposed rule amendment.’’ 1
sradovich on DSK3GMQ082PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
1 San Joaquin Valley Unified Air Pollution
Control District, Final Draft Staff Report: Rule 4307
(Boilers, Steam Generators, and Process Heaters—
2.0 MMBtu/hr to 5.0 MMBtu/hr), April 21, 2016.
VerDate Sep<11>2014
15:51 Aug 11, 2017
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incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of the
SJVUAPCD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
PO 00000
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Fmt 4700
Sfmt 4700
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 13, 2017.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
E:\FR\FM\14AUR1.SGM
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
List of Subjects in 40 CFR Part 52
ENVIRONMENTAL PROTECTION
AGENCY
Environmental protection, Air
pollution control, Incorporation by
reference, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
40 CFR Part 52
[EPA–R01–OAR–2017–0150; FRL–9965–92Region 1]
Air Plan Approval; Connecticut;
Nonattainment New Source Review
Permit Requirements for the 2008 8Hour Ozone Standard
Dated: June 21, 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
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 (c)(447)(i)(B)(2) and
(c)(488)(i)(B) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(447) * * *
(i) * * *
(B) * * *
(2) Previously approved on February
12, 2015 in paragraph (c)(447)(i)(B)(1) of
this section and now deleted with
replacement in (c)(488)(i)(C)(1), Rule
4307, ‘‘Boilers, Steam Generators, and
Process Heaters—2.0 MMBtu/hr to 5.0
MMBtu/hr,’’ amended on May 19, 2011.
*
*
*
*
*
(488) * * *
(i) * * *
(B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, ‘‘Boilers, Steam
Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr,’’ amended
on April 21, 2016.
*
*
*
*
*
[FR Doc. 2017–16485 Filed 8–11–17; 8:45 am]
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BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the state
implementation plan (SIP) revision
submitted on March 9, 2017, by the
State of Connecticut, through the
Connecticut Department of Energy and
Environmental Protection (CT DEEP),
addressing the nonattainment new
source review (NNSR) requirements for
the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The SIP revision addresses
both of Connecticut’s ozone
nonattainment areas for the 2008 ozone
NAAQS; the Greater Connecticut area
and the Connecticut portion of the New
York-N. New Jersey-Long Island, NY–
NJ–CT area. The Connecticut portion of
the New York-N. New Jersey-Long
Island, NY–NJ–CT ozone nonattainment
area consists of Fairfield, New Haven,
and Middlesex counties. The Greater
Connecticut nonattainment area
includes the rest of the State. This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This direct final rule is effective
October 13, 2017 without further notice,
unless EPA receives adverse comments
by September 13, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0150 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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
SUMMARY:
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37819
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, 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:
Donald Dahl, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912. Mr. Dahl’s
telephone number is (617) 918–1657;
email address: dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Analysis of Connecticut’s Nonattainment
New Source Review Requirements
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in Appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The two
Connecticut areas were designated
nonattainment for the 2008 8-hour
ozone NAAQS on April 30, 2012
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Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37817-37819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16485]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0034; FRL-9965-26-Region 9]
Approval of California Air Plan Revisions, San Joaquin Valley
Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD or ``the District'') portion of
the California State Implementation Plan (SIP). This revised rule
concerns emissions of oxides of nitrogen, carbon monoxide, oxides of
sulfur, and particulate matter of 10 microns or less from boilers,
steam generators and process heaters. We are approving a local rule
that regulates these emission sources under the Clean Air Act (CAA or
the Act).
DATES: This rule will be effective on September 13, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0034. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 21, 2017 (82 FR 14496), the EPA proposed to approve the
following rule into the California SIP.
[[Page 37818]]
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.......................... 4307 Boilers, Steam 4/21/16 8/22/16
Generators, and Process
Heaters--2.0 MMBtu/hr to
5.0 MMBtu/hr.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment.
Comment: The commenter asked how the rule revisions would affect
San Joaquin Valley residents, who would benefit from the revisions, and
whether the project's impact on human health and the environment
outweigh the costs of implementing the revisions.
Response: This comment does not provide any new information or
basis for either supporting or opposing EPA's proposal. It merely poses
three questions that were previously addressed by EPA's proposal and
supporting docket materials. Nonetheless, out of courtesy to the
commenter, we summarize our previous analysis, as follows. Prior to the
rule revision, the rule exempted tree-nut pasteurizers fired
exclusively on natural gas. The revisions expand the exemption to tree-
nut pasteurizers fired by liquefied petroleum gas (LPG). The District
anticipates a handful of new LPG-fired tree-nut pasteurizers will
benefit from the rule revisions, but predicts that the difference in
emissions from LPG instead of natural gas will be negligible. The
District states that ``[T]he proposed amendment would not result in new
or more stringent regulatory controls and would not affect air quality
or emission limitations . . . [and that] no costs are associated with
this proposed rule amendment.'' \1\
---------------------------------------------------------------------------
\1\ San Joaquin Valley Unified Air Pollution Control District,
Final Draft Staff Report: Rule 4307 (Boilers, Steam Generators, and
Process Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr), April 21, 2016.
---------------------------------------------------------------------------
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
SJVUAPCD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
[[Page 37819]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: June 21, 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)(447)(i)(B)(2) and
(c)(488)(i)(B) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(447) * * *
(i) * * *
(B) * * *
(2) Previously approved on February 12, 2015 in paragraph
(c)(447)(i)(B)(1) of this section and now deleted with replacement in
(c)(488)(i)(C)(1), Rule 4307, ``Boilers, Steam Generators, and Process
Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
* * * * *
(488) * * *
(i) * * *
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--
2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on April 21, 2016.
* * * * *
[FR Doc. 2017-16485 Filed 8-11-17; 8:45 am]
BILLING CODE 6560-50-P