Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District, 51178-51180 [2017-23896]

Download as PDF 51178 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chapters I, II, and III 23 CFR Chapters I, II, and III 46 CFR Chapter II 48 CFR Chapter 12 49 CFR Chapters I, II, III, V, VI, VII, VIII, X, and XI [Docket No. DOT–OST–2017–0069] Notification of Regulatory Review Office of the Secretary (OST); Department of Transportation (DOT). ACTION: Regulatory review; reopening of comment period. AGENCY: The U.S. Department of Transportation (the Department or DOT) is reopening the comment period for its Notification of Regulatory Review for 30 days. The comment period ends November 1, 2017. The reopened comment period will end December 1, 2017. DATES: The comment period for the document published on October 2, 2017 (82 FR 45750), is reopened. Responses should be filed by December 1, 2017. The Department will continue to check the docket for late filed responses after the comment period closes. ADDRESSES: You may file responses identified by the docket number DOT– OST–2017–0069 by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Ave. SE., between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Instructions: You must include the agency name and docket number DOT– OST–2017–0069 at the beginning of your submission. All submissions received will be posted without change to https://www.regulations.gov, including any personal information provided. Privacy Act: Anyone is able to search the electronic form of all submissions received in any of our dockets by the name of the individual submitting the jstallworth on DSKBBY8HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:06 Nov 02, 2017 Jkt 244001 document (or signing the submission, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit https:// DocketsInfo.dot.gov. Docket: For access to the docket to read background documents and comments received, go to https:// www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the docket. FOR FURTHER INFORMATION CONTACT: Jonathan Moss, Assistant General Counsel for Regulation, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202–366–4723 (phone), jonathan.moss@ dot.gov (email) or Barbara McCann, Director, Office of Policy Development, Strategic Planning and Performance, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202–366–8016 (phone), barbara.mccann@dot.gov (email). SUPPLEMENTARY INFORMATION: On October 2, 2017 the U.S. Department of Transportation (the Department or DOT) issued a Notification of Regulatory Review seeking comment from the public on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification. DOT provided a 30 day comment period for responses to that document. We have received requests for extension of the comment period, including one from the American Bus Association requesting a 90 day extension from the date of issuance of the document. The Owner-Operator Independent Drivers Association requested a 30 day extension from the initial close of the comment period and the Countryside Tank Company, NJP Engineering LLC, and Container Technology Incorporated requested an extension of 90 days from the initial close of the comment period. In response, the Department is reopening the comment period for its Notification of Regulatory Review for 30 days. The comment period ends November 1, 2017. The reopened comment period will end December 1, 2017. Additionally, DOT will continue to check the docket for late filed comments after the comment period closes. Issued this 30th day of October, 2017, in Washington, DC. James C. Owens, Acting General Counsel. [FR Doc. 2017–23964 Filed 11–2–17; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0404; FRL–9970–32– Region 9] Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from wood burning devices. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by December 4, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2017–0404 at https:// www.regulations.gov, or via email to Christine Vineyard, Rulemaking Office at Vineyard.Christine@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. SUMMARY: E:\FR\FM\03NOP1.SGM 03NOP1 51179 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 describes the ordinance addressed by this proposal with the date that it was adopted by the City of Portola. NSAQMD submitted the ordinance to the California Air Resources Board (CARB). CARB then submitted the ordinance to the EPA for approval into the NSAQMD’s portion of the California SIP on the date described below. TABLE 1—SUBMITTED RULE Local agency NSAQMD, City of Portola. Rule No. Rule title Ordinance No. 344, Municipal Code Chapter 15.10 (except paragraphs 15.10.060(B), 15.10.090 and 15.10.100). Wood Stove and Fireplace Ordinance. On April 17, 2017, the EPA determined that the submittal for City of Portola Ordinance 344 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? There are no previous versions of Ordinance 344 in the SIP. C. What is the purpose of the submitted rule? PM, including PM equal to or less than 2.5 microns in diameter (PM2.5) and PM equal to or less than 10 microns in diameter (PM10), contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires states to submit regulations that control PM emissions. Ordinance 344 controls PM emissions by establishing requirements for new and existing wood burning devices, permitted fuels, mandatory curtailment during stagnant conditions, and educational materials. The EPA’s technical support document (TSD) has more information about this rule. jstallworth on DSKBBY8HB2PROD with PROPOSALS II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater VerDate Sep<11>2014 15:06 Nov 02, 2017 Jkt 244001 emissions reductions (see CAA section 193). Generally, SIP rules must implement Reasonably Available Control Measures (RACM), including Reasonably Available Control Technology (RACT), and additional reasonable measures in moderate PM2.5 nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C) and 40 CFR 51.1009). The NSAQMD regulates a PM2.5 nonattainment area classified as moderate for the 2012 annual PM2.5 Standard (40 CFR 81.305). A RACM evaluation is generally performed by the State and reviewed by the EPA in the context of a broader plan. The EPA will address the overall RACM and additional reasonable measures requirements at a later date when we act on the Portola PM2.5 attainment plan submitted by CARB to the EPA on February 28, 2017. In this action, we evaluate whether Rule 344 implements RACM and additional reasonable measures for wood burning devices specifically. Guidance and policy documents that we use to evaluate enforceability and revision/relaxation requirements include the following: 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Adopted Submitted 06/22/16 01/24/17 B. Does the rule meet the evaluation criteria? This rule is consistent with CAA requirements and relevant guidance regarding enforceability and SIP revisions. The rule implements RACM/ RACT and additional reasonable measures for wood burning devices. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because we believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until December 4, 2017. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the City of Portola ordinance described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER E:\FR\FM\03NOP1.SGM 03NOP1 51180 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules section of this preamble for more information). jstallworth on DSKBBY8HB2PROD with PROPOSALS INFORMATION CONTACT IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). VerDate Sep<11>2014 15:06 Nov 02, 2017 Jkt 244001 In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: October 19, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–23896 Filed 11–2–17; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90, WT Docket No. 10– 208; DA 17–1027] Connect America Fund; Universal Service Reform—Mobility Fund Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Rural Broadband Auctions Task Force (Task Force), with the Wireline Competition Bureau and the Wireless Telecommunications Bureau (the Bureaus), propose and seek comment on specific parameters and procedures to implement the Mobility Fund Phase II (MF–II) challenge process. This document describes the steps the Federal Communications Commission (Commission) intends to use to establish a map of areas presumptively eligible for MF–II support from the newly collected, standardized 4G Long Term Evolution (LTE) coverage data and proposes specific parameters for the data that challengers and respondents will submit as part of the challenge process, as well as a process for validating challenges. DATES: Comments are due on or before November 8, 2017 and reply comments are due on or before November 29, 2017. ADDRESSES: You may submit comments, identified by WC Docket No. 10–90 and WT Docket No. 10–208, by any of the following methods: SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 • Federal Communications Commission’s Web site: https:// apps.fcc.gov/ecfs//. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 888– 835–5322. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auction and Spectrum Access Division, Jonathan McCormack, at (202) 418– 0660. This is a summary of the Commission’s Public Notice (MF–II Challenge Process Comment Public Notice), WC Docket No. 10–90, WT Docket No. 10–208, DA 17–1027, adopted on October 18, 2017 and released on October 18, 2017. The MF–II Challenge Process Comment Public Notice includes as attachments the following appendices: Appendix A, Generating Initial Eligible Areas Map; Appendix B, Validating Challenge Evidence; Appendix C, Applying Subsidy Data; Appendix D, File Specifications and File Formats; and Appendix E, Relational Mapping of Form 477 Filers to Providers. The complete text of the MF–II Challenge Process Comment Public Notice, including all attachments, is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW., Room CY–A257, Washington, DC 20554. The complete text is also available on the Commission’s Web site at https:// transition.fcc.gov/Daily_Releases/Daily_ Business/2017/db1018/DA-171027A1.pdf. Alternative formats are available to persons with disabilities by sending an email to FCC504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated in the MF–II Challenge Process Comment Public Notice in WC Docket No. 10–90 and WT Docket No. 10–208. Electronic Filing of SUPPLEMENTARY INFORMATION: E:\FR\FM\03NOP1.SGM 03NOP1

Agencies

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Proposed Rules]
[Pages 51178-51180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0404; FRL-9970-32-Region 9]


Approval of California Air Plan Revisions, Northern Sierra Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Northern Sierra Air Quality Management 
District (NSAQMD) portion of the California State Implementation Plan 
(SIP). This revision concerns emissions of particulate matter (PM) from 
wood burning devices. We are proposing to approve a local rule to 
regulate these emission sources under the Clean Air Act (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by December 4, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0404 at https://www.regulations.gov, or via email to Christine 
Vineyard, Rulemaking Office at Vineyard.Christine@epa.gov. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 51179]]


FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, vineyard.christine@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 describes the ordinance addressed by this proposal with the 
date that it was adopted by the City of Portola. NSAQMD submitted the 
ordinance to the California Air Resources Board (CARB). CARB then 
submitted the ordinance to the EPA for approval into the NSAQMD's 
portion of the California SIP on the date described below.

                                                                 Table 1--Submitted Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Local agency                                  Rule No.                              Rule title                 Adopted        Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
NSAQMD, City of Portola..................  Ordinance No. 344, Municipal Code Chapter    Wood Stove and Fireplace                06/22/16        01/24/17
                                            15.10 (except paragraphs 15.10.060(B),       Ordinance.
                                            15.10.090 and 15.10.100).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for City 
of Portola Ordinance 344 met the completeness criteria in 40 CFR part 
51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Ordinance 344 in the SIP.

C. What is the purpose of the submitted rule?

    PM, including PM equal to or less than 2.5 microns in diameter 
(PM2.5) and PM equal to or less than 10 microns in diameter 
(PM10), contributes to effects that are harmful to human 
health and the environment, including premature mortality, aggravation 
of respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. Section 
110(a) of the CAA requires states to submit regulations that control PM 
emissions. Ordinance 344 controls PM emissions by establishing 
requirements for new and existing wood burning devices, permitted 
fuels, mandatory curtailment during stagnant conditions, and 
educational materials. The EPA's technical support document (TSD) has 
more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must implement Reasonably Available Control 
Measures (RACM), including Reasonably Available Control Technology 
(RACT), and additional reasonable measures in moderate PM2.5 
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C) and 40 
CFR 51.1009). The NSAQMD regulates a PM2.5 nonattainment 
area classified as moderate for the 2012 annual PM2.5 
Standard (40 CFR 81.305). A RACM evaluation is generally performed by 
the State and reviewed by the EPA in the context of a broader plan. The 
EPA will address the overall RACM and additional reasonable measures 
requirements at a later date when we act on the Portola 
PM2.5 attainment plan submitted by CARB to the EPA on 
February 28, 2017. In this action, we evaluate whether Rule 344 
implements RACM and additional reasonable measures for wood burning 
devices specifically.
    Guidance and policy documents that we use to evaluate 
enforceability and revision/relaxation requirements include the 
following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance 
regarding enforceability and SIP revisions. The rule implements RACM/
RACT and additional reasonable measures for wood burning devices. The 
TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until December 4, 2017. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the City of Portola ordinance described in Table 1 of this 
preamble. The EPA has made, and will continue to make, these materials 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER

[[Page 51180]]

INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-23896 Filed 11-2-17; 8:45 am]
BILLING CODE 6560-50-P
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