Air Plan Approval; California; South Coast Air Quality Management District, 61326-61328 [2018-25899]
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61326
Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
regulated navigation area lasting
approximately two months that
prohibits entry or establishes vessel
operating requirements for southbound
transits through the right descending
span of the Sabula Railroad Drawbridge
on the Upper Mississippi River while
emergency repairs are made to the
bridge. It is categorically excluded from
further review under paragraph L60 (d)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0917 to read as
follows:
■
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§ 165.T08–0917 Regulated Navigation
Area; Upper Mississippi River, Sabula
Railroad Drawbridge, Mile Marker 535,
Sabula, IA.
(a) Location. The following area is a
regulated navigation area (RNA): All
navigable waters of the Upper
Mississippi River under the right
descending bank span, also known as
the Iowa span, of the Sabula Railroad
Drawbridge at mile marker (MM) 535.
(b) Effective period. This section is
effective from September 21, 2018
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15:46 Nov 28, 2018
Jkt 247001
through November 30, 2018, or until the
emergency bridge repairs are completed,
whichever occurs first.
(c) Applicability. This section only
applies to vessels transiting southbound
through the RNA.
(d) Regulations. (1) In accordance
with the general regulations contained
in 33 CFR 165.11, and 165.13, when the
water flow rate as measured from Lock
and Dam 12 is 100 KCFS or greater
vessels are prohibited from transiting
southbound through the RNA unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
(2) When the water flow rate as
measured from Lock and Dam 12 is less
than 100 kcfs, vessels may transit
southbound through the RNA only
under the following conditions:
(i) Vessels shall operate at their
slowest safe speed.
(ii) Vessels avoid contacting any part
of the Sabula Railroad Drawbridge and
the unprotected rest pier located on the
right descending side of the Sabula
Railroad Drawbridge.
(3) When the water flow rate as
measured from Lock and Dam 12 is less
than 100 kcfs, vessels engaged in towing
may transit southbound through the
RNA only under the following
conditions:
(i) The size of the tow does not exceed
15 barges; and
(ii) The towing vessel possesses a
minimum of 250 horsepower per loaded
barge in tow, and
(iii) When pushing more than two
barges, an assist vessel of at least 1,000
horsepower must be utilized.
(A) Prior to entering the RNA, the
assist tow vessel and the primary tow
vessel shall discuss a plan to transit
through the bridge, and
(B) Both the primary and assist towing
vessel shall be capable of continuous
two way voice communication while
transiting through the bridge.
(4) If an assist vessel is required under
this section, before entering the RNA:
(i) The assist vessel and the tow vessel
shall discuss a plan to transit through
the bridge, and
(ii) Both the assist vessel and the
towing vessel shall be capable of
continuous two-way voice
communication while transiting through
the bridge.
(5) The COTP or a designated
representative may review, on a case-bycase basis, alternatives to the minimum
operating or towing requirements and
conditions set forth in paragraphs
(d)(2)–(d)(4) of this section and may
approve a deviation to these
requirements and conditions should
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they provide an equivalent level of
safety.
(6) The COTP or a designated
representative may determine, on a
case-by-case basis, that although the
conditions triggering the RNA may be
met, the current potential hazards do
not require that each requirement of the
RNA be enforced and that only certain
of the above-prescribed restrictions are
necessary under the circumstances. The
COTP or a designated representative
may consider environmental factors, the
water flow rate at Lock and Dam 12,
mitigating safety factors, and the
completion progress of bridge the
repairs among other factors. The COTP
or a designated representative shall
broadcast such notice of such
determination and any changes under
the provisions of paragraph (e).
(e) Notice of requirements. Notice that
these vessel operational conditions are
anticipated to be put into effect, or are
in effect, will be given by Broadcast
Notice to Mariners, Local Notices to
Mariners, and/or actual notice, as
appropriate.
Dated: November 15, 2018.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2018–25981 Filed 11–28–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0711; FRL–9986–61–
Region 9]
Air Plan Approval; California; South
Coast Air Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the South Coast
Air Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from
architectural coatings. We are approving
a local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on
December 31, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2016–0711. All
documents in the docket are listed on
SUMMARY:
E:\FR\FM\29NOR1.SGM
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
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
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 August 8, 2018 (83 FR 39017), the
EPA proposed to approve the following
rule into the California SIP.
Local agency
Rule No.
Rule title
Amended
Submitted
SCAQMD ................
1113
Architectural Coatings ............................................................................
2/5/2016
8/22/2016
The EPA proposed to approve this
rule, except for two sentences that were
withdrawn from the submission at the
request of the SCAQMD. We proposed
to approve this rule because we
determined that it complies with the
relevant CAA requirements. Our
proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received four
anonymous comments. These comments
addressed the Cross State Air Pollution
Rule, California wildfires, and science
policy. None of the comments addressed
Rule 1113 or were germane to our
evaluation of Rule 1113.
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, with the exception of the two
sentences withdrawn by the District.
IV. Incorporation by Reference
khammond on DSK30JT082PROD with RULES
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972 3024, Lazarus.Arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
61327
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
SCAQMD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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);
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Frm 00019
Fmt 4700
Sfmt 4700
• 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
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61328
Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 28, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: November 5, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(404)(i)(A)(6) and
(c)(488)(i)(D) to read as follows:
■
§ 52.220
Identification of plan—in part.
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*
*
*
*
*
(c) * * *
(404) * * *
(i) * * *
(A) * * *
(6) Previously approved on March 26,
2013 in paragraph (c)(404)(i)(A)(3) of
this section and now deleted with
replacement in paragraph
(c)(488)(i)(D)(1), Rule 1113,
‘‘Architectural Coatings,’’ amended on
June 3, 2011.
*
*
*
*
*
(488) * * *
(i) * * *
(D) South Coast Air Quality
Management District.
(1) Rule 1113, ‘‘Architectural
Coatings,’’ amended February 5, 2016,
except for the final sentence of
paragraphs (b)(8), and (b)(25).
*
*
*
*
*
[FR Doc. 2018–25899 Filed 11–28–18; 8:45 am]
BILLING CODE 6560–50–P
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Jkt 247001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0060; FRL–9987–03–
Region 2]
Approval of Air Quality Implementation
Plans; Puerto Rico; Infrastructure
Requirements for the 1997 and 2008
Ozone, 1997 and 2006 Fine Particulate
Matter and 2008 Lead NAAQS;
Transport Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revision
submittals from the Commonwealth of
Puerto Rico to address the interstate
transport of air pollution that may
interfere with attainment and
maintenance of the National Ambient
Air Quality Standards (NAAQS). In this
action, EPA is approving Puerto Rico’s
submissions pertaining to the 1997 and
2008 ozone, 1997 and 2006 fine
particulate matter (PM2.5) and 2008 lead
NAAQS.
DATES: This rule is effective on
December 31, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2016–0060. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
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
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3702, or by
email at fradkin.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. What is the background information?
II. What comments did EPA receive in
response to its proposal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background information?
On July 18, 1997, the Environmental
Protection Agency (EPA) promulgated a
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Fmt 4700
Sfmt 4700
revised National Ambient Air Quality
Standards (NAAQS) for ozone (62 FR
38856) and a new NAAQS for fine
particle matter (PM2.5) (62 FR 38652).
The revised ozone NAAQS was based
on 8-hour average concentrations. The
8-hour averaging period replaced the
previous 1-hour averaging period, and
the level of the NAAQS was changed
from 0.12 parts per million (ppm) to
0.08 ppm. The new PM2.5 NAAQS
established a health-based annual
standard of 15.0 micrograms per cubic
meter (mg/m3) based on a 3-year average
of annual mean PM2.5 concentrations,
and a 24-hour standard of 65 mg/m3
based on a 3-year average of the 98th
percentile of 24-hour concentrations.
On October 17, 2006 (71 FR 61144),
effective December 18, 2006, EPA
revised the 24-hour average PM2.5
primary and secondary NAAQS from 65
mg/m3 to 35 mg/m3.
On March 27, 2008 (73 FR 16436)
EPA strengthened its NAAQS for
ground-level ozone, revising the 8-hour
primary ozone standard to 0.075 ppm.
EPA also strengthened the secondary 8hour ozone standard to the level of
0.075 ppm making it identical to the
revised primary standard.
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised NAAQS for
lead. The Agency revised the level of
the primary lead standard from 1.5 mg/
m3 to 0.15 mg/m3. The EPA also revised
the secondary NAAQS to 0.15 mg/m3
and made it identical to the revised
primary standard.
Pursuant to section 110(a)(1) of the
Clean Air Act (CAA), states are required
to submit SIPs meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affect the content of the
submission. The content of such SIP
submission may also vary depending
upon what provisions the state’s
existing SIP already contains.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
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Agencies
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61326-61328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25899]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0711; FRL-9986-61-Region 9]
Air Plan Approval; California; South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the South Coast Air Quality Management
District (SCAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from architectural coatings. We are approving a local rule that
regulates these emission sources under the Clean Air Act (CAA or the
Act).
DATES: This rule will be effective on December 31, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0711. All documents in the docket are
listed on
[[Page 61327]]
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: Arnold Lazarus, EPA Region IX, (415)
972 3024, [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 August 8, 2018 (83 FR 39017), the EPA proposed to approve the
following rule into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.......................... 1113 Architectural Coatings..... 2/5/2016 8/22/2016
----------------------------------------------------------------------------------------------------------------
The EPA proposed to approve this rule, except for two sentences
that were withdrawn from the submission at the request of the SCAQMD.
We proposed to approve this rule because we determined that it complies
with the relevant CAA requirements. Our proposed action contains more
information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received four anonymous comments. These comments
addressed the Cross State Air Pollution Rule, California wildfires, and
science policy. None of the comments addressed Rule 1113 or were
germane to our evaluation of Rule 1113.
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, with the exception of the two sentences withdrawn
by the District.
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
SCAQMD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities 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
[[Page 61328]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by January 28, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 5, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(404)(i)(A)(6) and
(c)(488)(i)(D) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(404) * * *
(i) * * *
(A) * * *
(6) Previously approved on March 26, 2013 in paragraph
(c)(404)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(488)(i)(D)(1), Rule 1113, ``Architectural Coatings,''
amended on June 3, 2011.
* * * * *
(488) * * *
(i) * * *
(D) South Coast Air Quality Management District.
(1) Rule 1113, ``Architectural Coatings,'' amended February 5,
2016, except for the final sentence of paragraphs (b)(8), and (b)(25).
* * * * *
[FR Doc. 2018-25899 Filed 11-28-18; 8:45 am]
BILLING CODE 6560-50-P