Air Plan Approval; California; South Coast Air Quality Management District; Stationary Source Permits, 49465-49467 [2019-19999]
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
under section 172 and subpart 5 of part
D of Title I of the CAA (sections 191 and
192) for the SO2 NAAQS. No tribe is
subject to the requirement to submit an
implementation plan under section 172
or under subpart 5 of part D of Title I
of the CAA. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks that the EPA has reason to
believe may disproportionately affect
children, per the definition of ‘‘covered
regulatory action’’ in section 2–202 of
the Executive Order. This action is not
subject to Executive Order 13045
because it is a finding that certain states
have failed to submit a complete SIP
that satisfies the nonattainment area
plan requirements under section 172
and subpart 5 of part D of Title I of the
CAA and does not directly or
disproportionately affect children.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority and Low-Income
Populations
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The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. In finding that certain
states have failed to submit a complete
SIP that satisfies the nonattainment area
planning requirements under section
172 and subpart 5 of part D of Title I of
the CAA, this action does not adversely
affect the level of protection provided to
human health or the environment.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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M. Judicial Review
Section 307(b)(l) of the CAA indicates
which federal Courts of Appeal have
venue for petitions of review of final
agency actions by the EPA under the
CAA. This section provides, in part, that
petitions for review must be filed in the
Court of Appeals for the District of
Columbia Circuit (i) when the agency
action consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken, by the Administrator,’’ or (ii)
when such action is locally or regionally
applicable, if ‘‘such action is based on
a determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’
The EPA has determined that this
final rule consisting of findings of
failure to submit certain required SIP
provisions for two nonattainment areas
for the 2010 primary 1-hour SO2
NAAQS is ‘‘nationally applicable’’ and
that it is ‘‘of nationwide scope and
effect’’ within the meaning of CAA
section 307(b)(1). This final agency
action affects two nonattainment areas
that are located in two states, residing
in two of the ten EPA Regional Offices
and covered by two different federal
judicial circuits. In addition, the rule
addresses a common core of knowledge
and analysis involved in formulating the
decision and a common interpretation
of the requirements of 40 CFR 51
appendix V applied to determining the
completeness of SIPs in states across the
country.
This determination is appropriate
because in the 1977 CAA Amendments
that revised CAA section 307(b)(l),
Congress noted that the Administrator’s
determination that an action is of
‘‘nationwide scope or effect’’ would be
appropriate for any action that has
‘‘scope or effect beyond a single judicial
circuit.’’ H.R. Rep. No. 95–294 at 323–
324, reprinted in 1977 U.S.C.C.A.N.
1402–03. Here, the scope and effect of
this action extends to the two judicial
circuits that include the two states
affected by this action. In these
circumstances, CAA section 307(b)(1)
and its legislative history authorize the
Administrator to find the rule to be of
‘‘nationwide scope or effect’’ and thus to
indicate that venue for challenges lies in
the D.C. Circuit. Accordingly, the EPA
is determining that this is a rule of
nationwide scope or effect. Under
section 307(b)(1) of the CAA, petitions
for judicial review of this action must be
filed in the United States Court of
Appeals for the District of Columbia
Circuit within 60 days from the date this
final action is published in the Federal
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49465
Register. Filing a petition for
reconsideration by the Administrator of
this final action does not affect the
finality of the action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review must be filed, and shall not
postpone the effectiveness of such rule
or action. Thus, any petitions for review
of this action must be filed in the Court
of Appeals for the District of Columbia
Circuit within 60 days from the date this
final action is published in the Federal
Register.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Dated: September 9, 2019.
Anne L. Idsal,
Acting Assistant Administrator.
[FR Doc. 2019–19992 Filed 9–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0272; FRL–9997–16–
Region 9]
Air Plan Approval; California; South
Coast Air Quality Management District;
Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the South
Coast Air Quality Management District
(SCAQMD or ‘‘the District’’) portion of
the California State Implementation
Plan (SIP). We are finalizing approval of
a revision governing issuance of permits
for stationary sources, including review
and permitting of major sources and
major modifications under part D of title
I of the Clean Air Act (CAA or ‘‘the
Act’’). Specifically, the revision pertains
to SCAQMD Rule 1325 ‘‘Federal PM2.5
New Source Review Program.’’
DATES: This rule is effective on
November 19, 2019 without further
notice, unless the EPA receives one or
more adverse comments by October 21,
2019. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
SUMMARY:
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49466
Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
that this direct final rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0272 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:
Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3534 or by
email at yannayon.laura@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 revision?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. Public Comment and Final 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
action with the date it was adopted by
the SCAQMD and submitted by the
California Air Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Rule No.
Rule title
Amended
Submitted
1325 ...........................
Federal PM2.5 New Source Review Program ................................................................
1/4/2019
4/24/19
On June 5, 2019, the EPA determined
that the submittal for Rule 1325 met the
completeness criteria in 40 CFR part 51,
appendix V, which must be met before
formal review by the EPA.
B. Are there other versions of this rule?
The current SIP contains a version of
Rule 1325 ‘‘Federal PM2.5 New Source
Review Program,’’ approved into the SIP
on November 30, 2018.1 The EPA’s final
approval of the rule identified above in
Table 1 would have the effect of entirely
superseding our prior approval of the
same rule in the current SIP-approved
program.
C. What is the purpose of the submitted
rule revision?
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Rule 1325 addresses nonattainment
new source review (NNSR) permit
requirements for major sources of PM2.5.
The rule has been amended to address
the single deficiency the EPA identified
in our November 18, 2018 action
regarding the lack of inclusion of
volatile organic compounds and
ammonia as PM2.5 precursors when
evaluating if a project will result in a
major modification. The District also
made minor clarifying edits.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
In our November 30, 2018 action
conditionally approving Rule 1325 into
1 83
FR 61551.
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the SCAQMD portion of the California
SIP, we determined that separate from
the identified deficiency, the rule
satisfied the applicable requirements for
a PM2.5 NNSR permit program.
Therefore, in this action we are only
evaluating whether the amendments to
Rule 1325 address the identified
deficiency and if the minor clarifying
edits are approvable.
B. Does the rule meet the evaluation
criteria?
The definition of term Regulated NSR
Pollutant was revised to include all
PM2.5 precursors. This revision corrects
the deficiency previously identified by
EPA.
The definitions of Major Polluting
Facility in paragraph (b)(4) and
Precursors in paragraph (b)(9), were
revised to remove the existing August
14, 2017 applicability date since the
date has passed. Likewise, revisions
were made to section (f)—Two Year
Limit on Facility Exemption, to
implement the 70 ton per year
applicability threshold, rather than
provide a future effective date. In
paragraphs (b)(6) and (b)(15), a new
definition for the terms Oxides of
Nitrogen and Volatile Organic
Compound, respectively, were added.
These definitions are consistent with
EPA definitions for these terms. Other
minor capitalization edits were made
throughout the rule. EPA finds each of
these revisions approvable.
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C. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, the EPA is fully approving the
submitted rule because we believe it
fulfills all relevant requirements.
Because the revisions to the rule are
minor, or correct the identified
deficiency, we do not think anyone will
object to this approval, so we are
finalizing it without proposing it in
advance. However, in the Proposed
Rules section of this issue of the Federal
Register, we are simultaneously
proposing approval of the same
submitted rule. If we receive an adverse
comment by October 21, 2019, we will
publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comment(s) in a subsequent final action
based on the proposal. If we do not
receive any timely adverse comment,
the direct final approval will be
effective without further notice on
November 19, 2019. This will
incorporate the rule into the federally
enforceable SIP.
III. 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 rule
listed in Table 1 of this preamble. The
EPA has made, and will continue to
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
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make, these materials available
electronically through https://
www.regulations.gov and in hard copy
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 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
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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 November 19,
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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49467
Dated: July 16, 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)(509)(i)(A)(2) and
(c)(524) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(509) * * *
(i) * * *
(A) * * *
(2) Previously approved on November
30, 2018 in paragraph (c)(509)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(524)(i)(A)(1) of this section, Rule
1325.
*
*
*
*
*
(524) New and amended regulations
for the following APCDs were submitted
on April 24, 2019 by the Governor’s
designee.
(i) Incorporation by Reference. (A)
South Coast Air Quality Management
District.
(1) Rule 1325, ‘‘Federal PM2.5 New
Source Review Program’’ amended on
January 4, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph (f).
■
[FR Doc. 2019–19999 Filed 9–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R01–OAR–2019–0352; FRL–9999–84–
Region 1]
Air Plan Approval and Air Quality
Designation; New Hampshire;
Redesignation of the Central New
Hampshire Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49465-49467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19999]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0272; FRL-9997-16-Region 9]
Air Plan Approval; California; South Coast Air Quality Management
District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the South Coast Air Quality
Management District (SCAQMD or ``the District'') portion of the
California State Implementation Plan (SIP). We are finalizing approval
of a revision governing issuance of permits for stationary sources,
including review and permitting of major sources and major
modifications under part D of title I of the Clean Air Act (CAA or
``the Act''). Specifically, the revision pertains to SCAQMD Rule 1325
``Federal PM2.5 New Source Review Program.''
DATES: This rule is effective on November 19, 2019 without further
notice, unless the EPA receives one or more adverse comments by October
21, 2019. If we receive such comments, we will publish a timely
withdrawal in the Federal Register to notify the public
[[Page 49466]]
that this direct final rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0272 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: Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3534 or by
email at [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 revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Public Comment and Final 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 action with the date it
was adopted by the SCAQMD and submitted by the California Air Resources
Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
1325...................................... Federal PM2.5 New Source Review 1/4/2019 4/24/19
Program.
----------------------------------------------------------------------------------------------------------------
On June 5, 2019, the EPA determined that the submittal for Rule
1325 met the completeness criteria in 40 CFR part 51, appendix V, which
must be met before formal review by the EPA.
B. Are there other versions of this rule?
The current SIP contains a version of Rule 1325 ``Federal
PM2.5 New Source Review Program,'' approved into the SIP on
November 30, 2018.\1\ The EPA's final approval of the rule identified
above in Table 1 would have the effect of entirely superseding our
prior approval of the same rule in the current SIP-approved program.
---------------------------------------------------------------------------
\1\ 83 FR 61551.
---------------------------------------------------------------------------
C. What is the purpose of the submitted rule revision?
Rule 1325 addresses nonattainment new source review (NNSR) permit
requirements for major sources of PM2.5. The rule has been
amended to address the single deficiency the EPA identified in our
November 18, 2018 action regarding the lack of inclusion of volatile
organic compounds and ammonia as PM2.5 precursors when
evaluating if a project will result in a major modification. The
District also made minor clarifying edits.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
In our November 30, 2018 action conditionally approving Rule 1325
into the SCAQMD portion of the California SIP, we determined that
separate from the identified deficiency, the rule satisfied the
applicable requirements for a PM2.5 NNSR permit program.
Therefore, in this action we are only evaluating whether the amendments
to Rule 1325 address the identified deficiency and if the minor
clarifying edits are approvable.
B. Does the rule meet the evaluation criteria?
The definition of term Regulated NSR Pollutant was revised to
include all PM2.5 precursors. This revision corrects the
deficiency previously identified by EPA.
The definitions of Major Polluting Facility in paragraph (b)(4) and
Precursors in paragraph (b)(9), were revised to remove the existing
August 14, 2017 applicability date since the date has passed. Likewise,
revisions were made to section (f)--Two Year Limit on Facility
Exemption, to implement the 70 ton per year applicability threshold,
rather than provide a future effective date. In paragraphs (b)(6) and
(b)(15), a new definition for the terms Oxides of Nitrogen and Volatile
Organic Compound, respectively, were added. These definitions are
consistent with EPA definitions for these terms. Other minor
capitalization edits were made throughout the rule. EPA finds each of
these revisions approvable.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. Because the revisions to the rule are minor, or
correct the identified deficiency, we do not think anyone will object
to this approval, so we are finalizing it without proposing it in
advance. However, in the Proposed Rules section of this issue of the
Federal Register, we are simultaneously proposing approval of the same
submitted rule. If we receive an adverse comment by October 21, 2019,
we will publish a timely withdrawal in the Federal Register to notify
the public that the direct final approval will not take effect and we
will address the comment(s) in a subsequent final action based on the
proposal. If we do not receive any timely adverse comment, the direct
final approval will be effective without further notice on November 19,
2019. This will incorporate the rule into the federally enforceable
SIP.
III. 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 rule
listed in Table 1 of this preamble. The EPA has made, and will continue
to
[[Page 49467]]
make, these materials available electronically through https://www.regulations.gov and in hard copy 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 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 this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 19, 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
Oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 16, 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)(509)(i)(A)(2) and
(c)(524) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(509) * * *
(i) * * *
(A) * * *
(2) Previously approved on November 30, 2018 in paragraph
(c)(509)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(524)(i)(A)(1) of this section, Rule 1325.
* * * * *
(524) New and amended regulations for the following APCDs were
submitted on April 24, 2019 by the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 1325, ``Federal PM2.5 New Source Review
Program'' amended on January 4, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
Sec. 52.248 [Amended]
0
3. Section 52.248 is amended by removing and reserving paragraph (f).
[FR Doc. 2019-19999 Filed 9-19-19; 8:45 am]
BILLING CODE 6560-50-P
