[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60061-60063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23771]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0412; FRL-9912-71-Region 9]


Revisions to the California State Implementation Plan, Lake 
County Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Lake County Air Quality 
Management District (LCAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns particulate matter 
(PM) emissions from agricultural compression engines and the definition 
of hazardous air pollutants (HAP). We are approving local rules under 
the Clean Air Act (CAA or the Act).

DATES: This rule is effective on December 5, 2014 without further 
notice, unless EPA receives adverse comments by November 5, 2014. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0412, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included

[[Page 60062]]

as part of the public comment. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., 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: Idalia P[eacute]rez, EPA Region IX, 
(415) 972-3248, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board.

                                           Table 1--Submitted Sections
----------------------------------------------------------------------------------------------------------------
                                           Section
              Local agency                   No.            Section title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
LCAQMD..................................        228  Hazardous Air Pollutants           06/23/98        12/23/98
                                                      (HAP).
LCAQMD..................................        470  Air Toxics Control Measure         09/21/10        04/05/11
                                                      for Emissions of Toxic
                                                      Particulate Matter from In-
                                                      Use Agricultural
                                                      Compression Ignition
                                                      Engines.
----------------------------------------------------------------------------------------------------------------

    On June 23, 1999, the submittal for LCAQMD Rule 228 was deemed by 
operation of law to meet the completeness criteria in 40 CFR Part 51 
Appendix V. On May 6, 2011, EPA determined that the submittal for 
LCAQMD Rule 470 met the completeness criteria in 40 CFR Part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of Rules 228 or 470 approved into 
the SIP.

C. What is the purpose of the submitted rules?

    Section 110(a) of the CAA requires States to submit regulations 
that control volatile organic compounds, oxides of nitrogen, PM, and 
other air pollutants which harm human health and the environment. Rule 
228 was developed as part of the local agency's program to control 
these pollutants. It defines HAPs as ``Those pollutants that are listed 
in the Federal Clean Air Act's Section 112(b) List of Hazardous Air 
Pollutants.''
    PM contributes to effects that are harmful to human health and the 
environment, including premature mortality, aggravation of respiratory 
and cardiovascular disease, decreased lung function, visibility 
impairment, and damage to vegetation and ecosystems. Section 110(a) of 
the CAA requires States to submit regulations that control PM 
emissions. Section 470 provides a local administrative program for 
registering compression ignition (CI) stationary engines used in 
agricultural operations and controlling air emissions from these 
sources by setting engine tier requirements for certain replacement 
units. EPA's technical support document (TSD) has more information 
about rule 470.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act) and must not relax existing requirements (see sections 110(l) and 
193). Rule 228 does not set emissions standards thus it does not have 
to meet a specific stringency requirement for emissions. Additionally, 
LCAQMD regulates an area that is classified as attainment for all 
National Ambient Air Quality Standards (NAAQS) (see 40 CFR Part 
81.305), so Rule 470 does not have to meet a specific stringency 
requirement for emissions from this source category.
    Guidance and policy documents that we use to evaluate 
enforceability requirements consistently include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The Technical 
Support Document (TSD) has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies Rule 470.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. 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 Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by November 5, 2014, 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 comments in 
a subsequent final action

[[Page 60063]]

based on the proposal. If we do not receive timely adverse comments, 
the direct final approval will be effective without further notice on 
December 5, 2014. This will incorporate the rules into the federally 
enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of either of these rules and if that provision 
may be severed from the remainder of the rules, EPA may adopt as final 
those provisions of the rules that are not the subject of an adverse 
comment.

III. 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, 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 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 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide 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, these rules do 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 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 5, 2014. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: May 30, 2014.
Jared Blumenfeld,
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)(388) (i)(G) and 
(c)(443) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (G) Lake County Air Quality Management District.
    (1) Lake County Air Quality Management District Board of Directors 
Resolution 2010-174 adopting Section 470, ``Air Toxics Control Measure 
for Emissions of Toxic Particulate Matter from In-Use Agricultural 
Compression Ignition Engines,'' adopted on September 21, 2010, as 
``Exhibit A.''
* * * * *
    (443) New and amended regulations for the following APCDs were 
submitted on December 23, 1998 by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Lake County Air Quality Management District.
    (1) Lake County Air Quality Management District Board of Directors 
Resolution 98-195 adopting Section 228, ``Hazardous Air Pollutants 
(HAP),'' adopted on June 23, 1998, as ``Exhibit A.''

[FR Doc. 2014-23771 Filed 10-3-14; 8:45 am]
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