Air Plan Approval; California; Feather River Air Quality Management District, 49870-49872 [2018-21467]

Download as PDF 49870 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules employees at least the federal minimum wage (currently $7.25 an hour) for all hours worked, and overtime premium pay of not less than one and one-half times the employee’s regular rate of pay for any hours worked over 40 in a workweek. The FLSA exempts from both minimum wage and overtime protection ‘‘any employee employed in a bona fide executive, administrative, or professional capacity’’ and delegates to the Secretary of Labor the power to define and delimit these terms through regulation. DATES: The date, location, and time for the public listening session is listed below: October 17, 2018, Washington, DC, 10 a.m.–12 p.m. Members of the public may attend this listening session in person up to the seating capacity of the room. The Department will not attempt to achieve a consensus view in this listening session, but rather is interested in hearing the views and ideas of participants. To obtain specific location details and register to attend, please visit this link: https:// www.eventbrite.com/e/overtime-rulelistening-session-tickets-50661020476. FOR FURTHER INFORMATION CONTACT: Stephen Davis, Listening Session Coordinator, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0023 (not a toll-free number). TTY/ TTD callers may dial toll-free (877) 889– 5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: On July 26, 2017, the Department of Labor published a Request for Information (RFI), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. See 82 FR 34616. The RFI was one opportunity for the public to provide information to aid the Department in formulating a proposal to revise the white collar exemption regulations. Public listening sessions provide further opportunity for the public to provide input on issues related to the salary level test, such as: 1. What is the appropriate salary level (or range of salary levels) above which the overtime exemptions for bona fide executive, administrative, or daltland on DSKBBV9HB2PROD with PROPOSALS ADDRESSES: VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 professional employees may apply? Why? 2. What benefits and costs to employees and employers might accompany an increased salary level? How would an increased salary level affect real wages (e.g., increasing overtime pay for employees whose current salaries are below a new level but above the current threshold)? Could an increased salary level reduce litigation costs by reducing the number of employees whose exemption status is unclear? Could this additional certainty produce other benefits for employees and employers? 3. What is the best methodology to determine an updated salary level? Should the update derive from wage growth, cost-of-living increases, actual wages paid to employees, or some other measure? 4. Should the Department more regularly update the standard salary level and the total-annual-compensation level for highly compensated employees? If so, how should these updates be made? How frequently should updates occur? What benefits, if any, could result from more frequent updates? Dated: September 28, 2018. Robert Waterman, Senior Compliance Specialist, Division of Regulations, Legislation and Interpretation. [FR Doc. 2018–21521 Filed 10–2–18; 8:45 am] BILLING CODE 4510–27–P 40 CFR Part 52 [EPA–R09–OAR–2018–0559; FRL–9984– 80—Region 9] Air Plan Approval; California; Feather River Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) from natural gas-fired water heaters, small boilers, and process heaters. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. SUMMARY: Frm 00014 Fmt 4702 Submit your comments, identified by Docket ID No. EPA–R09– OAR–2018–0559, at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY PO 00000 Any comments must arrive by November 2, 2018. DATES: Sfmt 4702 Robert Schwartz, EPA Region IX, (415) 972–3286, schwartz.robert@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule D. Public comment and proposed action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). E:\FR\FM\03OCP1.SGM 03OCP1 49871 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules TABLE 1—SUBMITTED RULE Local agency Rule number FRAQMD ................................ 3.23 On November 1, 2017, the EPA determined that the submittal for FRAQMD Rule 3.23 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? There are no previous versions of Rule 3.23 in the SIP. C. What is the purpose of the submitted rule? Emissions of oxides of nitrogen (NOX) contribute to ground-level ozone, smog and particulate matter, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control NOX emissions. Rule 3.23 limits NOX emissions in the FRAQMD from natural gas-fired water heaters, small boilers, and process heaters rated 0.075 MM 1 to 1 MM Btu/hr 2. The EPA’s technical support document (TSD) has more information about this rule. daltland on DSKBBV9HB2PROD with PROPOSALS II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Measures/ Reasonably Available Control Technology (RACM/RACT) for each major source of NOX in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2) and 182(f)). 40 CFR 81.305 describes FRAQMD as regulating a portion of the Sacramento Metro Area nonattainment area classified as Severe for the 1997 and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The rest of FRAQMD is designated as unclassifiable/attainment. Rule 3.23 regulates area sources that are 1 MM = million. thermal unit (Btu): The amount of heat required to raise the temperature of one pound of water from 59 °F to 60 °F at one atmosphere. 2 British VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 Rule title Adopted Natural Gas-Fired Water Heaters, Small Boilers, And Process Heaters. too small to exceed the major source threshold of 25 tons per year for Severe ozone nonattainment areas (see CAA 182(d) and (f)) and is therefore not subject to major source ozone RACT requirements. Nonetheless, FRAQMD must implement all RACM/RACT for NOX necessary to demonstrate attainment as expeditiously as practicable and to meet any reasonable further progress (RFP) requirements (CAA 172(c)(1), 40 CFR 51.912(d), 51.1112(c)). Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,’’ (the NOX Supplement), 57 FR 55620, November 25, 1992. 5. ‘‘Alternative Control Techniques Document—NOX Emissions from Industrial/Commercial/Institutional (ICI) Boilers’’, US EPA 453/R–94–022 (March 1994). 6. ‘‘Alternative Control Techniques Document—NOX Emissions from Process Heaters (Revised)’’ (EPA–453/ R–93–034 1993/09). 7. ‘‘Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters’’ (California Air Resources Board, July 18, 1991). B. Does the Rule Meet the Evaluation Criteria? This rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Submitted 10/03/2016 05/08/2017 revisions. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule but are not currently the basis for rule disapproval. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until November 2, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the FRAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. 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 proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under E:\FR\FM\03OCP1.SGM 03OCP1 49872 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. VerDate Sep<11>2014 18:18 Oct 02, 2018 Jkt 247001 Dated: September 21, 2018. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2018–21467 Filed 10–2–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0490; FRL–9984– 91—Region 9] Approval and Promulgation of Implementation Plans; California; South Coast Serious Area Plan for the 2006 PM2.5 NAAQS U.S. Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by California to address Clean Air Act (CAA or ‘‘Act’’) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ‘‘standards’’) in the Los AngelesSouth Coast air basin (South Coast) Serious PM2.5 nonattainment area. The EPA is also proposing to approve 2017 and 2019 motor vehicle emissions budgets for transportation conformity purposes and inter-pollutant trading ratios for use in transportation conformity analyses. DATES: Any comments must arrive by November 2, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2017–0490 at https:// www.regulations.gov, or via email to tax.wienke@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR– 2), EPA Region IX, (415) 947–4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. Summary of the 2016 PM2.5 Plan III. Completeness Review of the 2016 PM2.5 Plan IV. Clean Air Act Requirements for PM2.5 Serious Area Plans V. Review of South Coast Serious Area Plan Addressing the 2006 PM2.5 NAAQS A. Emissions Inventory B. PM2.5 Precursors C. Best Available Control Measures D. Attainment Demonstration and Modeling E. Reasonable Further Progress and Quantitative Milestones F. Contingency Measures G. Major Stationary Source Control Requirements Under CAA Section 189(e) H. Motor Vehicle Emission Budgets VI. Summary of Proposed Actions and Request for Public Comment VII. Statutory and Executive Order Reviews I. Background On October 17, 2006, the EPA revised the 24-hour NAAQS for PM2.5, particulate matter with a diameter of 2.5 microns or less, to provide increased protection of public health by lowering the level from 65 micrograms per cubic meter (mg/m3) to 35 mg/m3.1 Epidemiological studies have shown statistically significant correlations between elevated PM2.5 levels and premature mortality. Other important health effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits, absences from school or work, and 1 40 CFR 50.13 and 71 FR 61144 (October 17, 2006). The EPA first established NAAQS for PM2.5 on July 18, 1997 (62 FR 38652), including annual standards of 15.0 mg/m3 based on a 3-year average of annual mean PM2.5 concentrations and 24-hour (daily) standards of 65 mg/m3 based on a 3-year average of 98th percentile 24-hour concentrations (40 CFR 50.7). In 2012, the EPA revised the annual standards to lower them to 12 mg/m3 (78 FR 3086, January 15, 2013, codified at 40 CFR 50.18). Unless otherwise noted, all references to the PM2.5 standards in this notice are to the 2006 24-hour NAAQS of 35 mg/m3 codified at 40 CFR 50.13. E:\FR\FM\03OCP1.SGM 03OCP1

Agencies

[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49870-49872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21467]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0559; FRL-9984-80--Region 9]


Air Plan Approval; California; Feather River Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Feather River Air Quality Management District 
(FRAQMD) portion of the California State Implementation Plan (SIP). 
This revision concerns emissions of oxides of nitrogen (NOX) 
from natural gas-fired water heaters, small boilers, and process 
heaters. We are proposing to approve a local rule to regulate these 
emission sources under the Clean Air Act (CAA or the Act). We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by November 2, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0559, at https://www.regulations.gov. For comments submitted 
at Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, (415) 
972-3286, [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

[[Page 49871]]



                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                 Rule number          Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD................................            3.23  Natural Gas-Fired Water       10/03/2016      05/08/2017
                                                         Heaters, Small Boilers,
                                                         And Process Heaters.
----------------------------------------------------------------------------------------------------------------

    On November 1, 2017, the EPA determined that the submittal for 
FRAQMD Rule 3.23 met the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 3.23 in the SIP.

C. What is the purpose of the submitted rule?

    Emissions of oxides of nitrogen (NOX) contribute to 
ground-level ozone, smog and particulate matter, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control NOX emissions. Rule 3.23 
limits NOX emissions in the FRAQMD from natural gas-fired 
water heaters, small boilers, and process heaters rated 0.075 MM \1\ to 
1 MM Btu/hr \2\. The EPA's technical support document (TSD) has more 
information about this rule.
---------------------------------------------------------------------------

    \1\ MM = million.
    \2\ British thermal unit (Btu): The amount of heat required to 
raise the temperature of one pound of water from 59 [deg]F to 60 
[deg]F at one atmosphere.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control 
Measures/Reasonably Available Control Technology (RACM/RACT) for each 
major source of NOX in ozone nonattainment areas classified 
as moderate or above (see CAA sections 182(b)(2) and 182(f)). 40 CFR 
81.305 describes FRAQMD as regulating a portion of the Sacramento Metro 
Area nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS). The rest of 
FRAQMD is designated as unclassifiable/attainment. Rule 3.23 regulates 
area sources that are too small to exceed the major source threshold of 
25 tons per year for Severe ozone nonattainment areas (see CAA 182(d) 
and (f)) and is therefore not subject to major source ozone RACT 
requirements. Nonetheless, FRAQMD must implement all RACM/RACT for 
NOX necessary to demonstrate attainment as expeditiously as 
practicable and to meet any reasonable further progress (RFP) 
requirements (CAA 172(c)(1), 40 CFR 51.912(d), 51.1112(c)).
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    5. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US 
EPA 453/R-94-022 (March 1994).
    6. ``Alternative Control Techniques Document--NOX 
Emissions from Process Heaters (Revised)'' (EPA-453/R-93-034 1993/09).
    7. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters'' (California Air Resources Board, July 18, 1991).

B. Does the Rule Meet the Evaluation Criteria?

    This rule is consistent with CAA requirements and relevant guidance 
regarding enforceability, RACT, and SIP revisions. The TSD has more 
information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule but are not currently 
the basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because it fulfills all relevant 
requirements. We will accept comments from the public on this proposal 
until November 2, 2018. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

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

IV. 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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under

[[Page 49872]]

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

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

    Dated: September 21, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-21467 Filed 10-2-18; 8:45 am]
 BILLING CODE 6560-50-P