Air Plan Approval; California; Feather River Air Quality Management District, 49870-49872 [2018-21467]
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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
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ADDRESSES:
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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
https://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).
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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
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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
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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
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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.
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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
https://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.
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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 https://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]
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