Air Plan Approval; California; Ventura County Air Pollution Control District, 57826-57827 [2019-23378]
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
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[FR Doc. 2019–23376 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0422; FRL–10000–
88–Region 9]
Air Plan Approval; California; Ventura
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Ventura
County Air Pollution Control District
(VCAPCD) portion of the California
State Implementation Plan (SIP). This
SUMMARY:
Local agency
revision concerns emissions of oxides of
nitrogen (NOX) from natural gas-fired
water heaters. 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
November 29, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0422. 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 (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://
Rule No.
VCAPCD .........................................................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action and related
Technical Support Document (TSD)
contain 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 no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the
Act and based on the evaluation and
rationale presented in our August 2,
2019 proposed rule, the EPA is taking
final action to approve VCAPCD Rule
74.11 (Natural Gas-Fired Water Heaters)
as a revision to the Ventura County
portion of the California SIP.
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
VCAPCD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, this document
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
VerDate Sep<11>2014
17:42 Oct 28, 2019
Jkt 250001
74.11
Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3286 or by
email at schwartz.robert@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 Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 2, 2019 (84 FR 37816), the
EPA proposed to approve the following
rule into the California SIP.
Revised
Natural Gas-Fired Water Heaters ..................
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
Frm 00014
FOR FURTHER INFORMATION CONTACT:
Rule title
FURTHER INFORMATION CONTACT
PO 00000
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
Fmt 4700
Sfmt 4700
5/11/2010
Submitted
6/21/2011
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
E:\FR\FM\29OCR1.SGM
29OCR1
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
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 December 30,
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).)
Subpart F—California
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 11, 2019.
Kerry Drake,
Acting Regional Administrator, Region IX.
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.
VerDate Sep<11>2014
17:42 Oct 28, 2019
Jkt 250001
2. Section 52.220 is amended by
adding paragraphs (c)(164)(i)(C)(6) and
(c)(391)(i)(D) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
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*
*
(c) * * *
(164) * * *
(i) * * *
(C) * * *
(6) Previously approved on September
24, 1999 in paragraph (c)(164)(i)(C)(4) of
this section and now deleted with
replacement in paragraph
(c)(391)(i)(D)(1) of this section, Rule
74.11 as adopted on April 9, 1985.
*
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*
*
*
(391) * * *
(i) * * *
(D) Ventura County Air Pollution
Control District.
(1) Rule 74.11, ‘‘Natural Gas-Fired
Water Heaters,’’ revised on May 11,
2010.
(2) [Reserved]
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[FR Doc. 2019–23378 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 190325272–9537–02]
RIN 0648–XG925
Pacific Island Pelagic Fisheries; 2019
Commonwealth of the Northern
Mariana Islands Bigeye Tuna Fishery;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is closing the U.S.
pelagic longline fishery for bigeye tuna
in the western and central Pacific Ocean
(WCPO) because the fishery will reach
the 2019 allocation limit for the
Commonwealth of the Northern Mariana
Islands (CNMI). This action is necessary
to comply with regulations managing
this fish stock.
DATES: Effective 12:01 a.m. local time
November 4, 2019, through December
31, 2019.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIRO Sustainable
Fisheries, 808–725–5176.
SUPPLEMENTARY INFORMATION: On July
17, 2019, NMFS specified a 2019 catch
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
57827
limit of 2,000 t of longline-caught bigeye
tuna for the U.S. territories of American
Samoa, Guam and the CNMI (84 FR
34321, July 18, 2019). NMFS also
authorized each territory to allocate up
to 1,000 t of its 2,000 t bigeye tuna limit
to U.S. longline fishing vessels
permitted to fish under the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific (FEP). The limit is
effective from July 17, 2019, through
December 31, 2019.
On July 18, 2019, the Western Pacific
Fishery Management Council (Council),
through its Executive Director,
transmitted to NMFS a specified fishing
agreement between the CNMI and the
Hawaii Longline Association (HLA)
dated June 13, 2019. NMFS reviewed
the agreement and determined that it
was consistent with the requirements at
50 CFR 665.819, the FEP, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable laws (84 FR 37592,
August 1, 2019). The criteria that a
specified fishing agreement must meet,
and the process for attributing longlinecaught bigeye tuna, followed the
procedures in 50 CFR 665.819—
Territorial catch and fishing effort
limits.
In accordance with 50 CFR 300.224(d)
and 50 CFR 665.819(c)(9)(i), NMFS
began attributing bigeye tuna caught in
the WCPO by vessels identified in the
CNMI/HLA agreement to the CNMI,
beginning on July 20, 2019. NMFS
monitored catches of longline-caught
bigeye tuna by the CNMI longline
fishery, including catches made by U.S.
longline vessels operating under the
CNMI/HLA agreement. Based on this
monitoring, NMFS forecasted that the
CNMI territorial allocation limit of 1,000
t will be reached by November 4, 2019,
and is, as an accountability measure,
prohibiting the catch and retention of
longline-caught bigeye tuna by vessels
in the CNMI/HLA agreement.
Notice of Closure and Temporary Rule
Effective 12:01 a.m. local time
November 4, 2019, through December
31, 2019, NMFS closes the U.S. pelagic
longline fishery for bigeye tuna in the
WCPO as a result of the fishery reaching
the 2019 allocation limit of 1,000 t for
the CNMI.
During the closure, a U.S. fishing
vessel operating under the CNMI/HLA
agreement may not retain on board,
transship, or land bigeye tuna captured
by longline gear in the WCPO, except
that any bigeye tuna already on board a
fishing vessel upon the effective date of
the restrictions may be retained on
board, transshipped, and landed,
provided that they are landed within 14
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57826-57827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23378]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0422; FRL-10000-88-Region 9]
Air Plan Approval; California; Ventura County Air Pollution
Control 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 Ventura County Air Pollution
Control District (VCAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of oxides
of nitrogen (NOX) from natural gas-fired water heaters. 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 November 29, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0422. 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 (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: Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3286 or by
email at [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 2, 2019 (84 FR 37816), the EPA proposed to approve the
following rule into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD................................ 74.11 Natural Gas-Fired Water 5/11/2010 6/21/2011
Heaters.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action and
related Technical Support Document (TSD) contain 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 no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the Act and based on the
evaluation and rationale presented in our August 2, 2019 proposed rule,
the EPA is taking final action to approve VCAPCD Rule 74.11 (Natural
Gas-Fired Water Heaters) as a revision to the Ventura County portion of
the California SIP.
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
VCAPCD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, this document
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
[[Page 57827]]
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 December 30, 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,
Reporting and recordkeeping requirements.
Dated: September 11, 2019.
Kerry Drake,
Acting Regional Administrator, Region IX.
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)(164)(i)(C)(6) and
(c)(391)(i)(D) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(164) * * *
(i) * * *
(C) * * *
(6) Previously approved on September 24, 1999 in paragraph
(c)(164)(i)(C)(4) of this section and now deleted with replacement in
paragraph (c)(391)(i)(D)(1) of this section, Rule 74.11 as adopted on
April 9, 1985.
* * * * *
(391) * * *
(i) * * *
(D) Ventura County Air Pollution Control District.
(1) Rule 74.11, ``Natural Gas-Fired Water Heaters,'' revised on May
11, 2010.
(2) [Reserved]
* * * * *
[FR Doc. 2019-23378 Filed 10-28-19; 8:45 am]
BILLING CODE 6560-50-P
