Air Plan Approval; California; Antelope Valley Air Quality Management District, 19681-19682 [2019-08629]
Download as PDF
<![CDATA[
19681
Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations
amozie on DSK9F9SC42PROD with RULES2
(2) Revised Proposed 2016 State
Strategy for the State Implementation
Plan, adopted on March 23, 2017,
except for the subchapter titled ‘‘South
Coast Commitment’’ in chapter 3
(‘‘Proposed SIP Commitment’’).
(B) South Coast Air Quality
Management District.
(1) The following portions of the
‘‘Final 2016 Air Quality Management
Plan (March 2017),’’ adopted March 3,
2017: Chapter 5 (‘‘PM2.5 Modeling
Approach’’), pages 5–17 through 5–27;
Appendix III (‘‘Base and Future
Emission Inventory’’), Attachment A
(‘‘Annual Average Emissions by Source
Category in South Coast Air Basin’’) for
PM2.5, NOX, SO2, VOC, and NH3 for
years 2012, 2017, 2019, and 2020 and
Attachment D, tables D–1, D–3, D–7 and
D–9; Appendix IV–A (‘‘SCAQMD’s
Stationary and Mobile Source Control
Measures’’), Table IV–A–4 and section 2
(‘‘PM2.5 Control Measures’’); Appendix
IV–C (‘‘Regional Transportation Strategy
and Control Measures’’), section IV
(‘‘TCM Best Available Control Measure
(BACM) Analysis for 2006 24-Hour and
2012 Annual PM2.5 NAAQS’’);
Appendix V (‘‘Modeling and Attainment
Demonstration’’), Chapter 7 (‘‘24-hour
PM2.5 Demonstration’’) and Attachment
8 (‘‘24-hour Unmonitored Area Analysis
Supplement’’); Appendix VI–A
(‘‘Reasonably Available Control
Measures (RACM)/Best Available
Control Measures (BACM)
Demonstration’’), pages VI–A–13
through VI–A–42, Attachment VI–A–1
(‘‘Evaluation of SCAQMD Rules and
Regulations’’), Attachment VI–A–2
(‘‘Control Measure Assessment’’), and
Attachment VI–A–3 (‘‘California Mobile
Source Control Program Best Available
Control Measures/Reasonably Available
Control Measures Assessment’’);
Appendix VI–C (‘‘Reasonable Further
Progress (RFP) and Milestone Years’’),
pages VI–C–5 through VI–C–8, and
Attachment VI–C–1 (‘‘California
Existing Mobile Source Control
Program’’); Appendix VI–D (‘‘General
Conformity and Transportation
Conformity Budget’’), pages VI–D–2
through VI–D–6 and excluding tables
VI–D–1 through 3; and Appendix VI–F
(‘‘Precursor Requirements’’).
(2) Letter dated March 14, 2018 from
Philip Fine, Deputy Executive Officer,
Planning, Rule Development, and Area
Sources, South Coast Air Quality
Management District, to Amy Zimpfer,
Associate Director, Air Division, EPA
Region IX.
(3) Letter dated June 15, 2018 from
Philip Fine, Deputy Executive Officer,
Planning, Rule Development, and Area
Sources, South Coast Air Quality
Management District, to Amy Zimpfer,
Associate Director, Air Division, EPA
Region IX, regarding ‘‘Condensable and
Filterable Portions of PM2.5 Emissions in
the 2016 AQMD.’’
[FR Doc. 2019–08628 Filed 5–2–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0787; FRL–9992–14–
Region 9]
Air Plan Approval; California; Antelope
Valley 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 Antelope
Valley Air Quality Management District
(AVAQMD) portion of the California
State Implementation Plan (SIP). This
SUMMARY:
revision concerns emissions of volatile
organic compounds (VOCs) from
organic liquid loading. 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
June 3, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0787. 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:
Rebecca Newhouse, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 972–3004,
newhouse.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Response
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 18, 2018 (83 FR 64795),
the EPA proposed to approve the
following rule into the California SIP.
Local agency
Rule No.
Rule title
Amended
Submitted
AVAQMD .........................................................
462
Organic Liquid Loading 1 ................................
09/19/17
11/13/17
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
We also proposed to find that the rule
satisfied the District’s commitment to
remedy the Rule 462 deficiency
identified in the conditional approval of
the District’s reasonably available
1 As explained in our proposal, subsequent to the
submittal of Rule 462, the District made two minor
administrative corrections to the rule text. The EPA
is approving the corrected version of the rule, a
copy of which is included in the docket for this
action.
VerDate Sep<11>2014
20:21 May 02, 2019
Jkt 247001
control technology (RACT)
demonstrations for the 1997 8-hr ozone
National Ambient Air Quality Standards
(NAAQS) and the 2008 8-hr ozone
NAAQS (RACT SIP) (82 FR 46923). Our
proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA Response
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP. The EPA is also converting the
partial conditional approval of the
District’s RACT SIP with respect to Rule
462 into a full approval.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
E:\FR\FM\03MYR2.SGM
03MYR2
19682
Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
AVAQMD 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).
amozie on DSK9F9SC42PROD with RULES2
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 (Public Law 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);
VerDate Sep<11>2014
20:21 May 02, 2019
Jkt 247001
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 2, 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).)
PO 00000
Frm 00004
Fmt 4701
Sfmt 9990
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 4, 2019.
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)(88)(iii)(D) and
(c)(516) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(88) * * *
(iii) * * *
(D) Previously approved on July 8,
1982 in paragraph (c)(88)(iii)(B) of this
section, and now deleted with
replacement in the Antelope Valley Air
Quality Management District in
paragraph (c)(516)(i)(A)(1) of this
section, Rule 462.
*
*
*
*
*
(516) New and amended regulations
for the following APCDs were submitted
on November 13, 2017 by the
Governor’s designee.
(i) Incorporation by reference. (A)
Antelope Valley Air Quality
Management District.
(1) Rule 462, ‘‘Organic Liquid
Loading,’’ amended on September 19,
2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph
(b)(1).
■
[FR Doc. 2019–08629 Filed 5–2–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\03MYR2.SGM
03MYR2
]]>Agencies
[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 19681-19682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08629]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0787; FRL-9992-14-Region 9]
Air Plan Approval; California; Antelope Valley 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 Antelope Valley Air Quality
Management District (AVAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of volatile
organic compounds (VOCs) from organic liquid loading. 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 June 3, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0787. 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: Rebecca Newhouse, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105, (415) 972-3004,
[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 Response
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 18, 2018 (83 FR 64795), the EPA proposed to approve the
following rule into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................. 462 Organic Liquid Loading 09/19/17 11/13/17
\1\.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. We also proposed to find
that the rule satisfied the District's commitment to remedy the Rule
462 deficiency identified in the conditional approval of the District's
reasonably available control technology (RACT) demonstrations for the
1997 8-hr ozone National Ambient Air Quality Standards (NAAQS) and the
2008 8-hr ozone NAAQS (RACT SIP) (82 FR 46923). Our proposed action
contains more information on the rule and our evaluation.
---------------------------------------------------------------------------
\1\ As explained in our proposal, subsequent to the submittal of
Rule 462, the District made two minor administrative corrections to
the rule text. The EPA is approving the corrected version of the
rule, a copy of which is included in the docket for this action.
---------------------------------------------------------------------------
II. Public Comments and EPA Response
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving this rule into the
California SIP. The EPA is also converting the partial conditional
approval of the District's RACT SIP with respect to Rule 462 into a
full approval.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
[[Page 19682]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
AVAQMD 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 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 2, 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, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 4, 2019.
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)(88)(iii)(D) and
(c)(516) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(88) * * *
(iii) * * *
(D) Previously approved on July 8, 1982 in paragraph
(c)(88)(iii)(B) of this section, and now deleted with replacement in
the Antelope Valley Air Quality Management District in paragraph
(c)(516)(i)(A)(1) of this section, Rule 462.
* * * * *
(516) New and amended regulations for the following APCDs were
submitted on November 13, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) Antelope Valley Air Quality
Management District.
(1) Rule 462, ``Organic Liquid Loading,'' amended on September 19,
2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
Sec. 52.248 [Amended]
0
3. Section 52.248 is amended by removing and reserving paragraph
(b)(1).
[FR Doc. 2019-08629 Filed 5-2-19; 8:45 am]
BILLING CODE 6560-50-P
