Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard, 64026-64027 [2018-26921]
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64026
Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
of the human environment and,
therefore, preparation of an
environmental impact statement will
not be required. An environmental
assessment will be prepared after the
public notice period is closed and all
comments have been received and
considered. If no adverse comments are
received, the environmental assessment
will be prepared before the effective
date. After the environmental
assessment is prepared, it may be
reviewed at the District office listed at
the end of the FOR FURTHER INFORMATION
CONTACT, above.
d. Unfunded Mandates Act. The
direct final rule does not impose an
enforceable duty among the private
sector and, therefore, are not a Federal
private sector mandate and are not
subject to the requirements of Section
202 or 205 of the Unfunded Mandates
Reform Act (Public Laws 104–4, 109
Stat. 48, 2 U.S.C. 1501 et seq.). We have
also found under Section 203 of the Act,
that small governments will not be
significantly or uniquely affected by this
rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
(b) The regulations. (1) No person,
vessel, watercraft, conveyance or device
shall enter or cause to enter or remain
in this area. No person shall refuse or
fail to remove any person or property in
his custody or under his control from
this area upon the request of the
Commanding Officer of Military Ocean
Terminal Concord or his/her authorized
representative.
(2) The regulations in this section
shall be enforced by the Commanding
Officer, Military Ocean Terminal
Concord, and such agencies as he/she
shall designate.
Dated: December 6, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division
Directorate of Civil Works.
[FR Doc. 2018–27031 Filed 12–12–18; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0587; FRL–9986–16–
Region 9]
Revisions to California State
Implementation Plan; South Coast Air
Quality Management District, San
Joaquin Valley Air Pollution Control
District and Yolo-Solano Air Quality
Management; Nonattainment New
Source Review Requirements for the
2008 8-Hour Ozone Standard
For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
(a) * * *
Laura Yannayon, EPA Region 9, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
SUMMARY:
§ 334.1110 Military Ocean Terminal
Concord; restricted area.
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is finalizing action on
three state implementation plan (SIP)
revisions submitted by the State of
California addressing the nonattainment
new source review (NNSR)
requirements for the 2008 8-hour ozone
National Ambient Air Quality Standards
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Amend § 334.1110 by revising the
section heading and paragraph (b) to
read as follows:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0587. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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.
ADDRESSES:
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
■
■
This rule is effective on January
14, 2019.
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 334
continues to read as follows:
(NAAQS). These SIP revisions address
the South Coast Air Quality
Management District (SCAQMD), San
Joaquin Valley Air Pollution Control
District (SJVAPCD) and Yolo-Solano Air
Quality Management District
(YSAQMD) portions of the California
SIP.
On August 20, 2018 (83 FR 42063),
the EPA proposed to approve the SIP
revisions listed in Table 1, addressing
the NNSR requirements for the 2008 8hour ozone NAAQS for the SCAQMD,
SJVAPCD and YSAQMD.
TABLE 1—SUBMITTED CERTIFICATION LETTERS
District
Adoption date
Submittal date
7/7/2017
4/19/18
3/14/18
11/16/17
6/19/18
6/19/18
amozie on DSK3GDR082PROD with RULES
South Coast AQMD .................................................................................................................................................
San Joaquin Valley APCD .......................................................................................................................................
Yolo-Solano AQMD .................................................................................................................................................
We proposed approval of these SIP
revisions because we determined that
the 2008 ozone certification submitted
for each district fulfills the 40 CFR
51.1114 revision requirement and meets
the requirements of Clean Air Act (CAA)
section 110 and the minimum SIP
requirements of 40 CFR 51.165.
VerDate Sep<11>2014
16:44 Dec 12, 2018
Jkt 247001
II. Public Comments and EPA
Responses
of the submitted 2008 ozone
certifications for each district.
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received three comments
on the proposed rule. None of those
comments are germane to our evaluation
III. EPA Action
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
No comments were submitted that
change our assessment of the 2008
ozone certifications as described in our
proposed action. Therefore, as
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
authorized in section 110(k)(3) of the
Act, the EPA is approving these
certifications into the California SIP as
proposed.
amozie on DSK3GDR082PROD with RULES
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. 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
VerDate Sep<11>2014
16:44 Dec 12, 2018
Jkt 247001
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).
64027
November 16, 2017 by the Governor’s
designee.
(i) [Reserved]
(ii) Additional materials. (A) South
Coast Air Quality Management District.
(1) ‘‘Nonattainment New Source
Review (NSR) Compliance
Demonstration for the 2008 Ozone
National Ambient Air Quality Standard
(NAAQS),’’ adopted July 7, 2017.
(2) [Reserved]
(511) New additional materials for the
following APCD’s were submitted on
June 19, 2018 by the Governor’s
designee.
(i) [Reserved]
(ii) Additional materials. (A) San
Joaquin Valley Air Pollution Control
District.
(1) ‘‘Certification that the San Joaquin
Valley Unified Air Pollution Control
District’s Current NNSR Program
Addresses the 2008 Ozone NAAQS SIP
Requirements Rule,’’ adopted April 19,
2018.
(2) [Reserved]
(B) Yolo-Solano Air Quality
Management District.
(1) ‘‘Certification that Yolo-Solano’s
Existing NNSR Program meets the 2008
Ozone NAAQS SIP Requirements Rule,’’
adopted March 14, 2018.
(2) [Reserved]
[FR Doc. 2018–26921 Filed 12–12–18; 8:45 am]
BILLING CODE 6560–50–P
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, Volatile
organic compounds.
Dated: October 24, 2018.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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)(510) and (511) to
read as follows:
■
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(510) New additional materials for the
following APCD was submitted on
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
40 CFR Part 180
[EPA–HQ–OPP–2017–0288 and EPA–
HQ–OPP–2017–0283; FRL–9986–73]
6-Benzyladenine; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of 6benzyladenine in or on avocados,
peppers, tomatoes, cucumbers, melons,
and squash. Interregional Research
Project Number 4 and Valent
BioSciences LLC have requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
December 13, 2018. Objections and
requests for hearings must be received
on or before February 11, 2019, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The dockets for this action,
identified by docket identification (ID)
SUMMARY:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.220
ENVIRONMENTAL PROTECTION
AGENCY
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64026-64027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26921]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0587; FRL-9986-16-Region 9]
Revisions to California State Implementation Plan; South Coast
Air Quality Management District, San Joaquin Valley Air Pollution
Control District and Yolo-Solano Air Quality Management; Nonattainment
New Source Review Requirements for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing action
on three state implementation plan (SIP) revisions submitted by the
State of California addressing the nonattainment new source review
(NNSR) requirements for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). These SIP revisions address the South Coast
Air Quality Management District (SCAQMD), San Joaquin Valley Air
Pollution Control District (SJVAPCD) and Yolo-Solano Air Quality
Management District (YSAQMD) portions of the California SIP.
DATES: This rule is effective on January 14, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0587. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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: Laura Yannayon, EPA Region 9, (415)
972-3534, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 20, 2018 (83 FR 42063), the EPA proposed to approve the
SIP revisions listed in Table 1, addressing the NNSR requirements for
the 2008 8-hour ozone NAAQS for the SCAQMD, SJVAPCD and YSAQMD.
Table 1--Submitted Certification Letters
------------------------------------------------------------------------
District Adoption date Submittal date
------------------------------------------------------------------------
South Coast AQMD........................ 7/7/2017 11/16/17
San Joaquin Valley APCD................. 4/19/18 6/19/18
Yolo-Solano AQMD........................ 3/14/18 6/19/18
------------------------------------------------------------------------
We proposed approval of these SIP revisions because we determined
that the 2008 ozone certification submitted for each district fulfills
the 40 CFR 51.1114 revision requirement and meets the requirements of
Clean Air Act (CAA) section 110 and the minimum SIP requirements of 40
CFR 51.165.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received three comments on the proposed rule.
None of those comments are germane to our evaluation of the submitted
2008 ozone certifications for each district.
III. EPA Action
No comments were submitted that change our assessment of the 2008
ozone certifications as described in our proposed action. Therefore, as
[[Page 64027]]
authorized in section 110(k)(3) of the Act, the EPA is approving these
certifications into the California SIP as proposed.
IV. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. 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).
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, Volatile organic compounds.
Dated: October 24, 2018.
Michael Stoker,
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)(510) and (511) to
read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(510) New additional materials for the following APCD was submitted
on November 16, 2017 by the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) ``Nonattainment New Source Review (NSR) Compliance
Demonstration for the 2008 Ozone National Ambient Air Quality Standard
(NAAQS),'' adopted July 7, 2017.
(2) [Reserved]
(511) New additional materials for the following APCD's were
submitted on June 19, 2018 by the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Air Pollution
Control District.
(1) ``Certification that the San Joaquin Valley Unified Air
Pollution Control District's Current NNSR Program Addresses the 2008
Ozone NAAQS SIP Requirements Rule,'' adopted April 19, 2018.
(2) [Reserved]
(B) Yolo-Solano Air Quality Management District.
(1) ``Certification that Yolo-Solano's Existing NNSR Program meets
the 2008 Ozone NAAQS SIP Requirements Rule,'' adopted March 14, 2018.
(2) [Reserved]
[FR Doc. 2018-26921 Filed 12-12-18; 8:45 am]
BILLING CODE 6560-50-P
