Approval of California Air Plan Revisions; Anti-Idling Regulations, 61178-61180 [2017-27818]
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61178
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
foreclosed property for $50,000) under
paragraph (b) of § 1.597–1. * * *
*
*
*
*
*
Example 5. * * *
(ii) At the end of 2018, the Third-Party
Price for the loans drops to $400,000, and the
Third-Party Price for each of the foreclosed
properties remains at $50,000. The fair
market value of the loans at the end of Year
2 is their Expected Value, $600,000 ($400,000
Third-Party Price + $200,000 (the amount of
the loss if the loans were disposed of for the
Third-Party Price × 33.33%) (the Average
Reimbursement Rate does not change)).
* * *
*
*
*
*
*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2017–27862 Filed 12–26–17; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–1109]
Drawbridge Operation Regulation;
Columbia River, Vancouver, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe (BNSF) Railway
Bridge across the Columbia River, mile
105.6, at Vancouver, WA. The deviation
is necessary to accommodate
replacement gears, shafts and bearings.
This deviation allows the bridge to
remain in the closed-to-navigation
position during maintenance activities.
DATES: This deviation is effective from
8 a.m. to 3 p.m. on December 27, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–1109 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: BNSF
requested that the BNSF Swing Bridge
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Jkt 244001
across the Columbia River, mile 105.6,
remain closed to marine vessel traffic to
install new swing gears, shafts and
bearings. During this installation period,
the swing span of the bridge will be in
the closed-to-navigation position. The
BNSF Swing Bridge, mile 105.6,
provides 39 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position.
The subject bridge operates in
accordance with 33 CFR 117.5. This
deviation allows the swing span of the
BNSF Railway Bridge across the
Columbia River, mile 105.6, to remain
in the closed-to-navigation position, and
need not open for maritime traffic from
8 a.m. to 3 p.m. on December 27, 2017.
The bridge shall operate in accordance
to 33 CFR 117.5 at all other times.
Waterway usage on this part of the
Columbia River includes vessels ranging
from large ships to commercial tug and
tow vessels to recreational pleasure craft
including cabin cruisers and sailing
vessels. Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will not be able to open for
emergencies during this closure period,
and there is no immediate alternate
route for vessels to pass. The Coast
Guard will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: December 21, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–27923 Filed 12–26–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0383; FRL–9972–49–
Region 9]
Approval of California Air Plan
Revisions; Anti-Idling Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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approve a revision to the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs), oxides of
nitrogen (NOX) and particulate matter
(PM) from the idling of diesel-powered
trucks. We are approving portions of a
state rule submitted by the California
Air Resources Board (CARB) to regulate
these emission sources under the Clean
Air Act (CAA or the Act).
DATES: This rule will be effective on
January 26, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0383. All
documents in the docket are listed on
the https://www.regulations.gov website.
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:
Jeffrey Buss, EPA Region IX, (415) 947–
4152, buss.jeffrey@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 September 29, 2017, the EPA
proposed to approve subsections
(c)(1)(A) and (c)(1)(B) of Title 13
California Code of Regulations (CCR)
Section 2485, ‘‘Airborne Toxic Control
Measure to Limit Diesel-Fueled
Commercial Motor Vehicle Idling’’
(collectively, ‘‘Idling Restrictions’’). The
California Air Resources Board (CARB)
adopted Section 2485 on September 1,
2006, and submitted the Idling
Restrictions and other portions of
Section 2485 to the EPA on December
9, 2011.1
We proposed to approve these
provisions because we determined that
they comply with relevant CAA
1 As described in the proposal, the EPA
previously approved other portions of section 2485
into the SIP on June 16, 2016. 81 FR 39423, 39443.
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
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 10 comments.
All comments received were either
supportive of or not specific to this
action and thus are not addressed here.
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
daltland on DSKBBV9HB2PROD with RULES
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
portions of 13 CCR 2485 described in
the amendments to 40 CFR part 52 set
forth below. Therefore, these materials
have been approved by the EPA for
inclusion in the SIP, have been
incorporated by reference by the EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.2
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 they
meet the criteria of the Clean Air Act.
Accordingly, this 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 action:
2 62
• 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, 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 26,
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 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 52.220a is amended by
adding in paragraph (c) in table 1 an
entry for ‘‘2485, subsections (c)(1)(A),
(c)(1)(B) only’’ after the entry for ‘‘2485,
excluding (c)(1)(A), (c)(1)(B), (c)(3)(B)’’
to read as follows:
■
FR 27968 (May 22, 1997)
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
§ 52.220a
*
*
Identification of plan—in part.
*
*
(c) * * *
*
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State citation
Title/subject
*
2485, subsections (c)(1)(A),
(c)(1)(B) only.
*
*
State effective date
EPA approval date
*
Airborne Toxic Control
Measure to Limit DieselFueled Commercial Motor
Vehicle Idling.
*
November 15, 2006 ..
*
*
[Insert Federal Register citation], December 27,
2017.
*
*
*
*
Additional explanation
*
*
Submitted December 9,
2011. Limits diesel vehicle idling to 5 minutes.
*
1 Table
1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2017–0213; FRL–9972–48–
OAR]
RIN 2060–AT43
Protection of Stratospheric Ozone:
Refrigerant Management Regulations
for Small Cans of Motor Vehicle
Refrigerant
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On September 28, 2017, the
Environmental Protection Agency (EPA)
published a direct final rule and an
accompanying notice of proposed
rulemaking entitled ‘‘Protection of
Stratospheric Ozone: Refrigerant
Management Regulations for Small Cans
of Motor Vehicle Refrigerant.’’ Because
EPA received adverse comment, EPA is
withdrawing the direct final rule
through a separate notice. In this action,
EPA is finalizing its proposal to correct
the editing oversight that led to a
potential conflict in a prior rulemaking
as to whether or not containers holding
two pounds or less of non-exempt
substitute refrigerants for use in motor
vehicle air conditioning that are not
equipped with a self-sealing valve can
be sold to persons that are not certified
technicians, provided those small cans
were manufactured or imported prior to
January 1, 2018. This action clarifies
that those small cans manufactured or
imported prior to January 1, 2018 may
continue to be sold to persons that are
not certified as technicians under
sections 608 or 609 of the Clean Air Act.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:49 Dec 26, 2017
This final rule is effective
December 27, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0213. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information may not be publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sara
Kemme by regular mail: U.S.
Environmental Protection Agency,
Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue
NW, Washington, DC 20460; by
telephone: (202) 566–0511; or by email:
kemme.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2017–27818 Filed 12–26–17; 8:45 am]
Jkt 244001
I. General Information
A. What action is the Agency taking?
On September 28, 2017, EPA
published a Direct Final Rule (82 FR
45202) to make a minor change to
resolve a potential conflict in regulatory
text at 40 CFR 82.154(c)(1)(x) to ensure
that it conforms to the EPA’s intention.
We stated in that direct final rule that
if we received adverse comment by
October 30, 2017, we would publish a
timely withdrawal in the Federal
Register so that the direct final rule
would not take effect. EPA received
adverse comment on that direct final
rule by October 30, 2017 and is
publishing a separate notice
withdrawing that direct final rule.
To accompany the direct final rule,
EPA also published a Notice of
Proposed Rulemaking on September 28,
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Fmt 4700
Sfmt 4700
2017 entitled ‘‘Protection of
Stratospheric Ozone: Refrigerant
Management Regulations for Small Cans
of Motor Vehicle Refrigerant’’ (82 FR
45253). That notice proposed to make
the same change in the regulatory text
as in the direct final rule. This action
addresses the relevant comments
received and finalizes the revisions in
the proposal.
B. Does this action apply to me?
Categories and entities potentially
affected by this action include entities
that distribute or sell small cans of
refrigerant for use in motor vehicle air
conditioning (MVAC) systems.
Regulated entities include, but are not
limited to, importers, manufacturers,
and distributors of small cans of
refrigerant (NAICS codes 325120,
441310, 447110) such as automotive
parts and accessories stores and
industrial gas manufacturers. This list is
not intended to be exhaustive, but rather
to provide a guide for readers regarding
entities likely to be regulated by this
action. To determine whether your
facility, company, business, or
organization could be regulated by this
action, you should carefully examine
the regulations at 40 CFR part 82,
subpart F. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
C. Judicial Review
Under CAA section 307(b)(1), judicial
review of this final action is available
only by filing a petition for review in
the U.S. Court of Appeals for the District
of Columbia Circuit by February 26,
2018. This final action is a nationally
applicable regulation and has
nationwide scope and effect because it
makes revisions to the EPA’s regulations
for the National Recycling and Emission
Reduction Program found at 40 CFR part
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]]>Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61178-61180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27818]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0383; FRL-9972-49-Region 9]
Approval of California Air Plan Revisions; Anti-Idling
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the California State Implementation
Plan (SIP). This revision concerns emissions of volatile organic
compounds (VOCs), oxides of nitrogen (NOX) and particulate
matter (PM) from the idling of diesel-powered trucks. We are approving
portions of a state rule submitted by the California Air Resources
Board (CARB) to regulate these emission sources under the Clean Air Act
(CAA or the Act).
DATES: This rule will be effective on January 26, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0383. All documents in the docket are
listed on the https://www.regulations.gov website. 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: Jeffrey Buss, EPA Region IX, (415)
947-4152, [email protected].
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 September 29, 2017, the EPA proposed to approve subsections
(c)(1)(A) and (c)(1)(B) of Title 13 California Code of Regulations
(CCR) Section 2485, ``Airborne Toxic Control Measure to Limit Diesel-
Fueled Commercial Motor Vehicle Idling'' (collectively, ``Idling
Restrictions''). The California Air Resources Board (CARB) adopted
Section 2485 on September 1, 2006, and submitted the Idling
Restrictions and other portions of Section 2485 to the EPA on December
9, 2011.\1\
---------------------------------------------------------------------------
\1\ As described in the proposal, the EPA previously approved
other portions of section 2485 into the SIP on June 16, 2016. 81 FR
39423, 39443.
---------------------------------------------------------------------------
We proposed to approve these provisions because we determined that
they comply with relevant CAA
[[Page 61179]]
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 10 comments. All comments received were
either supportive of or not specific to this action and thus are not
addressed here.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
portions of 13 CCR 2485 described in the amendments to 40 CFR part 52
set forth below. Therefore, these materials have been approved by the
EPA for inclusion in the SIP, have been incorporated by reference by
the EPA into that plan, are fully federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of the EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\2\ 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).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997)
---------------------------------------------------------------------------
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 they meet the criteria of the Clean Air Act.
Accordingly, this 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
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, 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 26, 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 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 52.220a is amended by adding in paragraph (c) in table 1 an
entry for ``2485, subsections (c)(1)(A), (c)(1)(B) only'' after the
entry for ``2485, excluding (c)(1)(A), (c)(1)(B), (c)(3)(B)'' to read
as follows:
[[Page 61180]]
Sec. 52.220a Identification of plan--in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
EPA approval Additional
State citation Title/subject State effective date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2485, subsections (c)(1)(A), Airborne Toxic November 15, 2006.......... [Insert Federal Submitted
(c)(1)(B) only. Control Measure Register December 9,
to Limit Diesel- citation], 2011. Limits
Fueled December 27, diesel vehicle
Commercial 2017. idling to 5
Motor Vehicle minutes.
Idling.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
* * * * *
[FR Doc. 2017-27818 Filed 12-26-17; 8:45 am]
BILLING CODE 6560-50-P
