Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District, 57123-57125 [2017-25929]
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Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
J. Preemption
Section 26(a) of the CPSA, 15 U.S.C.
2075(a), provides that where a
‘‘consumer product safety standard
under [the CPSA)]’’ is in effect and
applies to a product, no state or political
subdivision of a state may either
establish or continue in effect a
requirement dealing with the same risk
of injury, unless the state requirement is
identical to the federal standard. Section
26(c) of the CPSA also provides that
states or political subdivisions of states
may apply to the Commission for an
exemption from this preemption under
certain circumstances.
Section 106(f) of the CPSIA states that
rules issued under that section ‘‘shall be
considered consumer product safety
standards issued by the Commission
under section of the Consumer Product
Safety Act’’ thus, implying that the
preemptive effect of section 26(a) of the
CPSA would apply. Therefore, a rule
issued under section 106 of the CPSIA
will invoke the preemptive effect of
section 26(a) of the CPSA when it
becomes effective.
K. Effective Date
Under the procedure set forth in
section 106(g) of the CPSIA, when
ASTM revises ASTM F963, the revision
becomes the CPSC standard within 180
days of notification to the Commission,
unless the Commission determines that
the revision does not improve the safety
of the product. In accordance with this
provision, this rule establishes an
effective date that is 180 days after we
received notification from ASTM of
revisions to the standard. As discussed
in section F of this preamble, this is a
direct final rule. Unless we receive a
significant adverse comment within 30
days, the rule will become effective on
February 28, 2018. Additionally, the
effective date for the NOR is February
28, 2018, the same date that the
provisions of ASTM F963–17 become
effective.
List of Subjects
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16 CFR Part 1112
Administrative practice and
procedure, Audit, Consumer protection,
Incorporation by reference, Reporting
and recordkeeping requirements, Third
party conformity assessment body.
16 CFR Part 1250
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Law enforcement, Safety,
Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II, as follows:
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PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
■
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by:
a. Revising the introductory text to
paragraph (b)(32);
■ b. Revising paragraph (b)(32)(ii); and
■ c. Revising paragraph (c)(1)(ii).
The revisions read as follows:
■
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
or test method?
*
*
*
*
*
(b) * * *
(32) 16 CFR part 1250, safety standard
for toys. The CPSC only requires certain
provisions of ASTM F963–17 to be
subject to third party testing; and
therefore, the CPSC only accepts the
accreditation of third party conformity
assessment bodies for testing under the
following toy safety standards:
*
*
*
*
*
(ii) ASTM F963–17:
*
*
*
*
*
(c) * * *
(1) * * *
(ii) ASTM F963–17, ‘‘Standard
Consumer Safety Specification for Toy
Safety,’’ May 1, 2017.
*
*
*
*
*
57123
phone: 610–832–9585; https://
www.astm.org/. You may inspect a copy
at the Office of the Secretary, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone 301–
504–7923, or at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal_register/code_of_
federalregulations/ibr_locations.html.
*
*
*
*
*
(c) Instead of complying with section
8.20.1.5(5) of ASTM F963–17, comply
with the following:
(1) Floor and tabletop toys that move,
where the sound is caused as a result of
the movement imparted on the toy (for
example, a noise making mechanism
attached to an axle of a toy vehicle)
shall be tested using the method for
push and pull toys. In addition to the Cweighted peak measurement maximum
A-weighted sound pressure level,
LAFmax, shall be made and compared to
the requirements of 4.5.1.2.
(2) [Reserved]
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product
Safety Commission.
[FR Doc. 2017–26009 Filed 12–1–17; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
PART 1250—SAFETY STANDARD
MANDATING ASTM F963 FOR TOYS
40 CFR Part 52
■
3. The authority citation for part 1250
continues to read as follows:
[EPA–R09–OAR–2016–0740; FRL–9970–93–
Region 9]
Authority: Pub. L. 110–314, sec. 106, 122
Stat. 3016 (August 14, 2008); Pub. L. 112–28,
125 Stat. 273 (August 12, 2011).
Approval of California Air Plan
Revisions, Sacramento Metropolitan
Air Quality Management District
4. Amend § 1250.2 by:
a. Revising paragraph (a); and
b. Adding paragraph (c).
The revisions and additions read as
follows:
■
■
■
§ 1250.2
Requirements for toy safety.
(a) Except as provided for in
paragraphs (b) and (c) of this section,
toys must comply with the provisions of
ASTM F963–17, Standard Consumer
Safety Specification for Toy Safety,
approved May 1, 2017. The Director of
the Federal Register approves the
incorporation by reference listed in this
section in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy of this ASTM standard
from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959 USA;
PO 00000
Frm 00019
Fmt 4700
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Sacramento
Metropolitan Air Quality Management
District (SMAQMD) portion of the
California State Implementation Plan
(SIP). This revision concerns volatile
organic compound (VOC) emissions
from Organic Chemical Manufacturing
Operations. We are proposing to
simultaneously approve a local rule and
a rule rescission to regulate these
emission sources under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective on January
3, 2018.
SUMMARY:
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57124
Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2016–0740. 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
(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:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
ADDRESSES:
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 January 15, 2016 (81 FR 2136) the
EPA proposed to partially approve and
partially disapprove SMAQMD’s SIP
revision to address Reasonably
Available Control Technology (RACT)
requirements for the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) based in part on our
conclusion that the submittal did not
satisfy the CAA section 182
requirements for RACT pertaining to
pharmaceutical manufacturing
operations. On August 12, 2016 we
finalized our partial approval and
partial disapproval and stated that
sanctions would be imposed under CAA
section 179 and 40 CFR 52.31 unless the
EPA approved SIP revisions correcting
this deficiency within 18 months of the
effective date of our final rulemaking
action.
On April 28, 2106 the SMAQMD
repealed Rule 455, Pharmaceutical
Manufacturing, and amended Rule 464,
Organic Chemical Manufacturing
Operations, to address the VOC RACT
deficiencies. On August 22, 2016 the
California Air Resources Board
submitted these rules to the EPA for SIP
approval and the EPA proposed to
approve them into the California SIP on
July 19, 2017 (82 FR 33030). Table 1
below summarizes the submittal
timeline.
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SMAQMD .......
SMAQMD .......
455
464
Rule title
Amended
Repealed
Pharmaceuticals Manufacturing ..........................................
Organic Chemical Manufacturing Operations .....................
........................
4/28/16
4/28/16
........................
We proposed to approve these
revisions because we determined that
they correct the identified RACT
deficiencies for the pharmaceuticals
manufacturing category and comply
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
ethrower on DSK3G9T082PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving Rule 464 and rescinding Rule
455. Please see the docket for a copy of
the complete submitted documents.
Final approval satisfies California’s
obligation, under CAA section 182 for
the 1997 8-hour ozone NAAQS, to
implement RACT in the SMAQMD for
the following control techniques
guidelines VOC categories:
a. ‘‘Control of Volatile Organic
Compound Emissions from Reactor
Processes and Distillation Operations
Processes in the Synthetic Organic
Chemical Manufacturing Industry,’’
EPA–450/4–91–031, August 1993.
b. ‘‘Control of Volatile Organic
Compound Emissions from Manufacture
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17:52 Dec 01, 2017
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of Synthesized Pharmaceutical
Products,’’ EPA–450/2–78–029,
December 1978.
Our August 12, 2016 partial
disapproval of SMAQMD’s RACT SIP
demonstration for the 1997 NAAQS also
stated that a SIP submittal in the form
of a rule or permit provision was
required to implement VOC RACT for
the Kiefer Landfill, a major VOC source.
We are taking a separate action
elsewhere in today’s Federal Register to
fully approve into the SIP operating
permits for landfill gas flaring at the
Kiefer Landfill. Our final approval of
both the Kiefer Landfill operating
permits and Rule 464 will terminate
both the sanctions clocks and the
federal implementation plan clock
associated with our August 12, 2016
partial disapproval of SMAQMD’s
RACT SIP.
IV. 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
SMAQMD rules 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
PO 00000
Frm 00020
Fmt 4700
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Submitted
8/22/16
8/22/16
section of
this preamble for more information).
FURTHER INFORMATION CONTACT
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);
• 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
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Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
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 (Public Law 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 February 2, 2018.
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17:52 Dec 01, 2017
Jkt 244001
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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 6, 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)(154)(iii)(D) and
(c)(488)(i)(C) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(154) * * *
(iii) * * *
(D) Rule 455, previously approved on
January 24, 1985 in paragraph
(c)(154)(iii)(B) of this section, is deleted
with replacement in (c)(488)(i)(C)(1).
*
*
*
*
*
(488) * * *
(i) * * *
(C) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 464, ‘‘Organic Chemical
Manufacturing Operations,’’ amended
on April 28, 2016.
*
*
*
*
*
[FR Doc. 2017–25929 Filed 12–1–17; 8:45 am]
BILLING CODE 6560–50–P
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57125
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0066; EPA–R05–
OAR–2017–0067; FRL–9960–05–Region 5]
Air Plan Approval; Minnesota and
Michigan; Regional Haze SIP; FIP for
Regional Haze; Final Action on
Petitions for Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Notification of action denying
petitions for reconsideration.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice of its
denials of petitions for reconsideration
of rules addressing regional haze
planning requirements for the States of
Michigan and Minnesota. Specifically,
on November 26, 2013, the United
States Steel Corporation (U.S. Steel)
petitioned EPA to reconsider and stay
the final rulemaking captioned
‘‘Approval and Promulgation of Air
Quality Implementation Plans; States of
Minnesota and Michigan; Regional Haze
State Implementation Plan; Federal
Implementation Plan for Regional Haze’’
published on February 6, 2013, as well
as the final rulemaking captioned
‘‘Approval and Promulgation of Air
Quality Implementation Plans; States of
Michigan and Minnesota; Regional
Haze,’’ published on September 30,
2013. Further, on June 13, 2016, U.S.
Steel petitioned EPA to reconsider and
stay the final rulemaking captioned ‘‘Air
Plan Approval; Minnesota and
Michigan; Revision to 2013 Taconite
Federal Implementation Plan
Establishing BART for Taconite Plants,’’
published on April 12, 2016. EPA has
denied the petitions by final action
signed January 18, 2017, for reasons that
EPA explains in the document denying
U.S. Steel’s petitions.
DATES: December 4, 2017.
ADDRESSES: EPA has established dockets
for these actions under EPA–R05–OAR–
2017–0066 for the Petition to
Reconsider the Original 2013 Taconite
FIP and EPA–R05–OAR–2017–0067 for
the Petition to Reconsider the 2016
Revisions to the Taconite FIP. These
dockets include the petitions for
reconsideration, EPA’s response, and
other related documents. All documents
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
SUMMARY:
E:\FR\FM\04DER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57123-57125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25929]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0740; FRL-9970-93-Region 9]
Approval of California Air Plan Revisions, Sacramento
Metropolitan Air Quality Management 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 Sacramento Metropolitan Air Quality
Management District (SMAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns volatile organic
compound (VOC) emissions from Organic Chemical Manufacturing
Operations. We are proposing to simultaneously approve a local rule and
a rule rescission to regulate these emission sources under the Clean
Air Act (CAA or the Act).
DATES: This rule is effective on January 3, 2018.
[[Page 57124]]
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0740. 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 (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: Arnold Lazarus, EPA Region IX, (415)
972-3024, lazarus.arnold@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 January 15, 2016 (81 FR 2136) the EPA proposed to partially
approve and partially disapprove SMAQMD's SIP revision to address
Reasonably Available Control Technology (RACT) requirements for the
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) based
in part on our conclusion that the submittal did not satisfy the CAA
section 182 requirements for RACT pertaining to pharmaceutical
manufacturing operations. On August 12, 2016 we finalized our partial
approval and partial disapproval and stated that sanctions would be
imposed under CAA section 179 and 40 CFR 52.31 unless the EPA approved
SIP revisions correcting this deficiency within 18 months of the
effective date of our final rulemaking action.
On April 28, 2106 the SMAQMD repealed Rule 455, Pharmaceutical
Manufacturing, and amended Rule 464, Organic Chemical Manufacturing
Operations, to address the VOC RACT deficiencies. On August 22, 2016
the California Air Resources Board submitted these rules to the EPA for
SIP approval and the EPA proposed to approve them into the California
SIP on July 19, 2017 (82 FR 33030). Table 1 below summarizes the
submittal timeline.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Repealed Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD................... 455 Pharmaceuticals .............. 4/28/16 8/22/16
Manufacturing.
SMAQMD................... 464 Organic Chemical 4/28/16 .............. 8/22/16
Manufacturing
Operations.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these revisions because we determined that
they correct the identified RACT deficiencies for the pharmaceuticals
manufacturing category and comply 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 no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving Rule 464 and
rescinding Rule 455. Please see the docket for a copy of the complete
submitted documents. Final approval satisfies California's obligation,
under CAA section 182 for the 1997 8-hour ozone NAAQS, to implement
RACT in the SMAQMD for the following control techniques guidelines VOC
categories:
a. ``Control of Volatile Organic Compound Emissions from Reactor
Processes and Distillation Operations Processes in the Synthetic
Organic Chemical Manufacturing Industry,'' EPA-450/4-91-031, August
1993.
b. ``Control of Volatile Organic Compound Emissions from
Manufacture of Synthesized Pharmaceutical Products,'' EPA-450/2-78-029,
December 1978.
Our August 12, 2016 partial disapproval of SMAQMD's RACT SIP
demonstration for the 1997 NAAQS also stated that a SIP submittal in
the form of a rule or permit provision was required to implement VOC
RACT for the Kiefer Landfill, a major VOC source. We are taking a
separate action elsewhere in today's Federal Register to fully approve
into the SIP operating permits for landfill gas flaring at the Kiefer
Landfill. Our final approval of both the Kiefer Landfill operating
permits and Rule 464 will terminate both the sanctions clocks and the
federal implementation plan clock associated with our August 12, 2016
partial disapproval of SMAQMD's RACT SIP.
IV. 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
SMAQMD rules 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);
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
[[Page 57125]]
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 (Public Law 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 February 2, 2018. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 6, 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)(154)(iii)(D) and
(c)(488)(i)(C) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(154) * * *
(iii) * * *
(D) Rule 455, previously approved on January 24, 1985 in paragraph
(c)(154)(iii)(B) of this section, is deleted with replacement in
(c)(488)(i)(C)(1).
* * * * *
(488) * * *
(i) * * *
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 464, ``Organic Chemical Manufacturing Operations,''
amended on April 28, 2016.
* * * * *
[FR Doc. 2017-25929 Filed 12-1-17; 8:45 am]
BILLING CODE 6560-50-P
