Air Plan Approval; California; Santa Barbara County Air Pollution Control District; Stationary Source Permits and Exemptions, 16555-16557 [2020-05196]
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Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules and Regulations
(c) * * *
(2) A request for a hearing under this
subpart must be addressed to the FDA
Division Director (or, in the case of a
foreign facility, the Director of the
Division of Compliance in the Center for
Veterinary Medicine) as provided in the
order withdrawing an exemption.
*
*
*
*
*
■ 34. Revise § 507.75 to read as follows:
§ 507.75 Presiding officer for an appeal
and for an informal hearing.
The presiding officer for an appeal,
and for an informal hearing, must be an
Office of Regulatory Affairs Program
Director or another FDA official senior
to an FDA Division Director.
■ 35. Amend § 507.85 by revising
paragraphs (a) and (b)(1) to read as
follows:
§ 507.85 Reinstatement of a qualified
facility exemption that was withdrawn.
(a) If the FDA Division Director in
whose division your facility is located
(or, in the case of a foreign facility, the
Director of the Division of Compliance
in the Center for Veterinary Medicine)
determines that a facility has adequately
resolved any problems with the
conditions and conduct that are material
to the safety of the animal food
manufactured, processed, packed, or
held at the facility and that continued
withdrawal of the exemption is not
necessary to protect public (human and
animal) health and prevent or mitigate
a foodborne illness outbreak, the FDA
Division Director in whose division
your facility is located (or, in the case
of a foreign facility, the Director of the
Division of Compliance in the Center for
Veterinary Medicine) will, on his or her
own initiative or on the request of a
facility, reinstate the exemption.
(b) * * *
(1) Submit a request, in writing, to the
FDA Division Director in whose
division your facility is located (or, in
the case of a foreign facility, the Director
of the Division of Compliance in the
Center for Veterinary Medicine); and
*
*
*
*
*
PART 800—GENERAL
36. The authority citation for part 800
continues to read as follows:
■
lotter on DSKBCFDHB2PROD with RULES
Authority: 5 U.S.C. 551–559; 21 U.S.C.
301–399f.
37. Amend § 800.55 by:
a. Revising the first sentence of
paragraph (c), paragraph (d)(3)(xi), the
first sentence of paragraph (e), the
second sentence of paragraph (g)(1), and
paragraphs (g)(3)(ii) and (iv) and (g)(4);
■ b. Adding a heading for paragraph (h);
and
■
■
VerDate Sep<11>2014
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c. Revising paragraphs (h)(1), (2), and
(3) introductory text, (h)(3)(iv), and
(h)(4).
The revisions and addition read as
follows:
■
§ 800.55
Administrative detention.
*
*
*
*
*
(c) * * * The detention is to be for a
reasonable period that may not exceed
20 calendar days after the detention
order is issued, unless the FDA Division
Director in whose division the devices
are located determines that a greater
period is required to seize the devices,
to institute injunction proceedings, or to
evaluate the need for legal action, in
which case the Division Director may
authorize detention for 10 additional
calendar days. * * *
(d) * * *
(3) * * *
(xi) The mailing address, telephone
number, and name of the FDA Division
Director.
(e) * * * A detention order, before
issuance, shall be approved by the FDA
Division Director in whose division the
devices are located. * * *
(g) * * *
(1) * * * Any appeal shall be
submitted in writing to the FDA
Division Director in whose division the
devices are located within 5 working
days of receipt of a detention order.
(3) * * *
(ii) A request for a hearing under this
section should be addressed to the FDA
Division Director.
*
*
*
*
*
(iv) Paragraph (g)(4) of this section,
rather than § 16.42(a) of this chapter,
describes the FDA employees who
preside at hearings under this section.
(4) The presiding officer of a
regulatory hearing on an appeal of a
detention order, who also shall decide
the appeal, shall be an Office of
Regulatory Affairs Program Director or
another FDA official senior to an FDA
Division Director who is permitted by
§ 16.42(a) of this chapter to preside over
the hearing.
*
*
*
*
*
(h) Movement of detained devices. (1)
Except as provided in this paragraph
(h), no person shall move detained
devices within or from the place where
they have been ordered detained until
FDA terminates the detention under
paragraph (j) of this section or the
detention period expires, whichever
occurs first.
(2) If detained devices are not in final
form for shipment, the manufacturer
may move them within the
establishment where they are detained
to complete the work needed to put
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16555
them in final form. As soon as the
devices are moved for the purpose of the
preceding sentence, the individual
responsible for their movement shall
orally notify the FDA representative
who issued the detention order, or
another responsible division office
official, of the movement of the devices.
As soon as the devices are put in final
form, they shall be segregated from
other devices, and the individual
responsible for their movement shall
orally notify the FDA representative
who issued the detention order, or
another responsible division office
official, of their new location. The
devices put in final form shall not be
moved further without FDA approval.
(3) The FDA representative who
issued the detention order, or another
responsible division office official, may
approve, in writing, the movement of
detained devices for any of the
following purposes:
*
*
*
*
*
(iv) For any other purpose that the
FDA representative who issued the
detention order, or other responsible
division office official, believes is
appropriate in the case.
(4) If an FDA representative approves
the movement of detained devices
under paragraph (h)(3) of this section,
the detained devices shall remain
segregated from other devices and the
person responsible for their movement
shall immediately orally notify the
official who approved the movement of
the devices, or another responsible FDA
division office official, of the new
location of the detained devices.
*
*
*
*
*
Dated: March 9, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–05213 Filed 3–23–20; 8:45 am]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0432; FRL–10005–
66–Region 9]
Air Plan Approval; California; Santa
Barbara County Air Pollution Control
District; Stationary Source Permits and
Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Santa Barbara
SUMMARY:
E:\FR\FM\24MRR1.SGM
24MRR1
16556
Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules and Regulations
County Air Pollution Control District’s
(SBAPCD or ‘‘the District’’) portion of
the California State Implementation
Plan (SIP). These revisions concern the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution under
section 110(a)(2)(C) of the Clean Air Act
(CAA). This action updates the
SBAPCD’s applicable SIP with current
permitting rules.
These rules are effective on April
23, 2020.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0432. All
documents in the docket are listed on
ADDRESSES:
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:
Eugene Chen, EPA Region IX, 75
Hawthorne Street (AIR–3–2), San
Francisco, CA 94105. (415) 947–4304,
chen.eugene@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 October 24, 2019 (84 FR 56961),
the EPA proposed to approve the
following rules into the California SIP.
TABLE 1—SUBMITTED RULES
Rule No.
102
105
202
204
205
809
....................
....................
....................
....................
....................
....................
Definitions .................................................................................................................................
Applicability ...............................................................................................................................
Exemptions to Rule 201 ...........................................................................................................
Applications ...............................................................................................................................
Standards for Granting Permits ................................................................................................
Federal Minor Source New Source Review .............................................................................
Collectively, these submitted rules
establish the NSR requirements for
minor stationary sources under the
SBAPCD’s jurisdiction in California. We
proposed to approve these rules because
we determined they complied with the
relevant CAA requirements. Our
proposed action contains more
information on the submitted rules and
our evaluation.
lotter on DSKBCFDHB2PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. We
received two comments during this
public comment period. Both comments
were supportive of the proposed action,
and expressed support for further
measures to protect air and water
quality. The EPA acknowledges the
comments and the support expressed by
the commenters.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving these rules into the California
SIP as proposed.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
VerDate Sep<11>2014
Adopted/
amended
date
Rule title
15:59 Mar 23, 2020
Jkt 250001
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Santa
Barbara County Air Pollution Control
District rules 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,
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Fmt 4700
Sfmt 4700
8/25/2016
8/25/2016
8/25/2016
8/25/2016
4/17/1997
8/25/2016
Submitted
date
10/18/2016
10/18/2016
10/18/2016
10/18/2016
3/10/1998
10/18/2016
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
E:\FR\FM\24MRR1.SGM
24MRR1
Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules and Regulations
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 May 26, 2020.
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).)
lotter on DSKBCFDHB2PROD with RULES
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon
monoxide, Environmental Protection,
Incorporation by reference,
Intergovernmental relations, Lead, New
source review, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
VerDate Sep<11>2014
15:59 Mar 23, 2020
Jkt 250001
Dated: January 24, 2020.
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)(51)(xiii)(H) and
(I), (c)(186)(i)(E)(2), (c)(254)(i)(C)(8) and
(9), (c)(423)(i)(E)(6), and (c)(533) to read
as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(51) * * *
(xiii) * * *
(H) Previously approved on May 5,
1982, in paragraph (c)(51)(xiii)(A) of this
section and now deleted with
replacement in paragraph
(c)(533)(i)(A)(3) of this section, Rule
202, ‘‘Exemptions to Rule 201,’’ revision
adopted on August 25, 2016.
(I) Previously approved on May 5,
1982, in paragraph (c)(51)(xiii)(A) of this
section and now deleted with
replacement in paragraph
(c)(254)(i)(C)(8) of this section, Rule 205,
‘‘Standards for Granting Permits,’’
revision adopted April 17, 1997.
*
*
*
*
*
(186) * * *
(i) * * *
(E) * * *
(2) Previously approved on June 3,
1999, in paragraph (c)(186)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(533)(i)(A)(2) of this section, Rule
105, ‘‘Applicability,’’ revision adopted
on August 25, 2016.
*
*
*
*
*
(254) * * *
(i) * * *
(C) * * *
(8) Rule 205, ‘‘Standards for Granting
Permits,’’ revision adopted April 17,
1997.
(9) Previously approved on February
9, 2016, in paragraph (c)(254)(i)(C)(7) of
this section and now deleted with
replacement in paragraph
(c)(533)(i)(A)(4) of this section, Rule
204, ‘‘Applications,’’ revision adopted
on August 25, 2016
*
*
*
*
*
(423) * * *
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16557
(i) * * *
(E) * * *
(6) Previously approved on April 11,
2013, in paragraph (c)(423)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(533)(i)(A)(1) of this section, Rule
102, ‘‘Definitions,’’ revision adopted on
August 25, 2016.
*
*
*
*
*
(533) New or amended regulations for
the following APCD was submitted on
October 18, 2016 by the Governor’s
designee.
(i) Incorporation by reference. (A)
Santa Barbara County Air Pollution
Control District.
(1) Rule 102, ‘‘Definitions,’’ revision
adopted on August 25, 2016.
(2) Rule 105, ‘‘Applicability,’’ revision
adopted on August 25, 2016.
(3) Rule 202, ‘‘Exemptions to Rule
201,’’ revision adopted on August 25,
2016.
(4) Rule 204, ‘‘Applications,’’ revision
adopted on August 25, 2016.
(5) Rule 809, ‘‘Federal Minor Source
New Source Review,’’ revision adopted
on August 25, 2016.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2020–05196 Filed 3–23–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2020–0083; FRL–10006–
58–Region 1]
Approval and Promulgation of State
Plan (Negative Declaration) for
Designated Facilities and Pollutants:
Vermont
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve a negative declaration
submitted to satisfy the requirements of
the Emission Guidelines and
Compliance Times for Municipal Solid
Waste Landfills for the State of
Vermont. The negative declaration
certifies that there are no existing
facilities in the State of Vermont that
must comply with this rule.
DATES: This direct final rule will be
effective May 26, 2020 without further
notice, unless the EPA receives adverse
comments by April 23, 2020. If the EPA
receives adverse comments, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
SUMMARY:
E:\FR\FM\24MRR1.SGM
24MRR1
Agencies
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16555-16557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05196]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0432; FRL-10005-66-Region 9]
Air Plan Approval; California; Santa Barbara County Air Pollution
Control District; Stationary Source Permits and Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Santa Barbara
[[Page 16556]]
County Air Pollution Control District's (SBAPCD or ``the District'')
portion of the California State Implementation Plan (SIP). These
revisions concern the District's New Source Review (NSR) permitting
program for new and modified sources of air pollution under section
110(a)(2)(C) of the Clean Air Act (CAA). This action updates the
SBAPCD's applicable SIP with current permitting rules.
DATES: These rules are effective on April 23, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0432. 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: Eugene Chen, EPA Region IX, 75
Hawthorne Street (AIR-3-2), San Francisco, CA 94105. (415) 947-4304,
[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 October 24, 2019 (84 FR 56961), the EPA proposed to approve the
following rules into the California SIP.
Table 1--Submitted Rules
------------------------------------------------------------------------
Adopted/ Submitted
Rule No. Rule title amended date date
------------------------------------------------------------------------
102................... Definitions..... 8/25/2016 10/18/2016
105................... Applicability... 8/25/2016 10/18/2016
202................... Exemptions to 8/25/2016 10/18/2016
Rule 201.
204................... Applications.... 8/25/2016 10/18/2016
205................... Standards for 4/17/1997 3/10/1998
Granting
Permits.
809................... Federal Minor 8/25/2016 10/18/2016
Source New
Source Review.
------------------------------------------------------------------------
Collectively, these submitted rules establish the NSR requirements
for minor stationary sources under the SBAPCD's jurisdiction in
California. We proposed to approve these rules because we determined
they complied with the relevant CAA requirements. Our proposed action
contains more information on the submitted rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
We received two comments during this public comment period. Both
comments were supportive of the proposed action, and expressed support
for further measures to protect air and water quality. The EPA
acknowledges the comments and the support expressed by the commenters.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is approving these rules into the
California SIP as proposed.
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 Santa
Barbara County Air Pollution Control District rules described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would
[[Page 16557]]
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 May 26, 2020. 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
Air pollution control, Carbon monoxide, Environmental Protection,
Incorporation by reference, Intergovernmental relations, Lead, New
source review, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur dioxide, Volatile organic
compounds.
Dated: January 24, 2020.
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)(51)(xiii)(H) and
(I), (c)(186)(i)(E)(2), (c)(254)(i)(C)(8) and (9), (c)(423)(i)(E)(6),
and (c)(533) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(51) * * *
(xiii) * * *
(H) Previously approved on May 5, 1982, in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(533)(i)(A)(3) of this section, Rule 202, ``Exemptions to
Rule 201,'' revision adopted on August 25, 2016.
(I) Previously approved on May 5, 1982, in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(254)(i)(C)(8) of this section, Rule 205, ``Standards for
Granting Permits,'' revision adopted April 17, 1997.
* * * * *
(186) * * *
(i) * * *
(E) * * *
(2) Previously approved on June 3, 1999, in paragraph
(c)(186)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(533)(i)(A)(2) of this section, Rule 105,
``Applicability,'' revision adopted on August 25, 2016.
* * * * *
(254) * * *
(i) * * *
(C) * * *
(8) Rule 205, ``Standards for Granting Permits,'' revision adopted
April 17, 1997.
(9) Previously approved on February 9, 2016, in paragraph
(c)(254)(i)(C)(7) of this section and now deleted with replacement in
paragraph (c)(533)(i)(A)(4) of this section, Rule 204,
``Applications,'' revision adopted on August 25, 2016
* * * * *
(423) * * *
(i) * * *
(E) * * *
(6) Previously approved on April 11, 2013, in paragraph
(c)(423)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(533)(i)(A)(1) of this section, Rule 102, ``Definitions,''
revision adopted on August 25, 2016.
* * * * *
(533) New or amended regulations for the following APCD was
submitted on October 18, 2016 by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 102, ``Definitions,'' revision adopted on August 25, 2016.
(2) Rule 105, ``Applicability,'' revision adopted on August 25,
2016.
(3) Rule 202, ``Exemptions to Rule 201,'' revision adopted on
August 25, 2016.
(4) Rule 204, ``Applications,'' revision adopted on August 25,
2016.
(5) Rule 809, ``Federal Minor Source New Source Review,'' revision
adopted on August 25, 2016.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2020-05196 Filed 3-23-20; 8:45 am]
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