[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20242-20243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8466]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0743; FRL-9279-1]


Revisions to the California State Implementation Plan; Sacramento 
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing approval of a revision to the Sacramento 
Metropolitan Air Quality Management District's portion of the 
California State Implementation Plan (SIP). This revision was proposed 
in the Federal Register on October 5, 2010, and concerns emissions of 
oxides of nitrogen (NOX) from the landfill gas flare at the 
Kiefer Landfill in Sacramento, California. We are approving portions of 
a Permit to Operate that limit NOX emissions from this 
facility under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on May 12, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0743 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps, multi-volume 
reports), and some may not be available in either location (e.g., 
confidential business information (CBI)). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On October 5, 2010 (75 FR 61369), EPA proposed to approve portions 
of the Permit to Operate for the Kiefer Landfill into the California 
SIP. The submitted portions of the Permit to Operate for the Kiefer 
Landfill (Permit No. 17359), which was issued by the Sacramento 
Metropolitan Air Quality Management District (SMAQMD), relate to the 
control of NOX emissions from the air pollution control 
landfill gas flare. The SMAQMD originally issued Permit No. 17359 on 
August 7, 2006, and later revised it on November 13, 2006. We are 
proposing to act on the submitted portions of Permit No. 17359, as 
revised on November 13, 2006. The California Air Resources Board (CARB) 
submitted this SIP revision to EPA on July 11, 2007.
    We proposed to approve the submitted conditions of SMAQMD Permit 
No. 17359 into the SMAQMD portion of the California SIP because we 
determined that they complied with the relevant CAA requirements for 
SIP approval. Our proposed action contains more information on the 
submitted portions of the permit and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted conditions of SMAQMD Permit No. 17359 comply with the 
relevant CAA requirements. Therefore, as authorized in section 
110(k)(3) of the Act, EPA is fully approving these conditions into the 
California SIP. Specifically, we are approving permit conditions 1, 6, 
10, 11, 16, 20, 27, 28, and 29, or portions thereof, which together 
establish an enforceable NOX limitation satisfying RACT for 
the air pollution control landfill gas flare at the Kiefer Landfill. 
Please see the docket for a copy of the complete submitted document.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 20243]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the CAA; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 13, 2011. 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: February 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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 paragraph (c)(382) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (382) New and amended regulations for the following APCDs were 
submitted on July 11, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Permit to Operate for the Kiefer Landfill (``Permit to Operate 
No. 17359 (Rev01)''), as revised on November 13, 2006.
* * * * *
[FR Doc. 2011-8466 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P