Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District, 57123-57125 [2017-25929]

Download as PDF 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 ethrower on DSK3G9T082PROD with RULES 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: VerDate Sep<11>2014 17:52 Dec 01, 2017 Jkt 244001 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; http:// 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: http://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 Sfmt 4700 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: E:\FR\FM\04DER1.SGM 04DER1 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 VerDate Sep<11>2014 17:52 Dec 01, 2017 Jkt 244001 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 Sfmt 4700 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 E:\FR\FM\04DER1.SGM 04DER1 ethrower on DSK3G9T082PROD with RULES 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. VerDate Sep<11>2014 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 04DER1

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]


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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