[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4889-4891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01572]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0545; FRL-9941-72-Region 9]


Disapproval of California Air Plan Revisions, South Coast Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
disapproval of revisions to the South Coast Air Quality Management 
District (SCAQMD) portion of the California State Implementation Plan 
(SIP). This action was proposed in the Federal Register on November 24, 
2015 and concerns rules regulating Vehicle Scrapping, Employee Trip 
Reduction, and procedures for the hearing board concerning variances 
and subpoenas. The submitted SCAQMD rules are discretionary and this 
disapproval does not reveal a deficiency in the SIP.

DATES: Effective Date: This rule is effective on February 29, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0545 
for this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94015-3901. 
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 the 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 November 24, 2015 (80 FR 73156), the EPA proposed to disapprove 
the following rules that were submitted for incorporation into the 
California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                Adopted or
          Local agency                Rule #             Rule title              amended           Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..........................            1610  Old-Vehicle Scrapping...  05/09/97.........  06/03/97
SCAQMD..........................            2202  On-Road Motor Vehicle     10/09/98.........  06/03/99
                                                   Mitigation Options.
SCAQMD..........................           503.1  Ex Parte Petitions for    02/05/88.........  02/07/89
                                                   Variances.
SCAQMD..........................             504  Rules from which          01/05/90.........  05/13/91
                                                   Variances Are Not
                                                   Allowed.
SCAQMD..........................           511.1  Subpoenas...............  02/05/88.........  02/07/89
----------------------------------------------------------------------------------------------------------------

    We proposed to disapprove these rules because some rule provisions 
do not satisfy the requirements of section 110 and part D of the Act.
    We proposed to disapprove the SIP revision for Rule 1610 based at 
least in part on the following deficiencies:
    1. The Section (e)(2) requirement that engines of scrapped vehicles 
be destroyed is insufficiently federally enforceable for various 
reasons.
    2. The Section (f)(2)(A) requirement that the vehicle be registered 
for two years within SCAQMD is not fully enforceable by allowing the 
Executive Officer to approve different documentation.
    3. The Section (g) requirement of a visual and functional 
inspection of the vehicle has no recordkeeping requirements.
    4. There is no recordkeeping requirement to demonstrate compliance 
with the Section (g)(1) requirement that vehicles be driven under their 
own power to the scrapping site.
    5. There is no requirement to maintain records for the life of 
Mobile Source Emission Reduction Credits.
    We proposed to disapprove the SIP revision for Rule 2202 based at 
least in part on the following deficiencies:
    1. Per Section (f)(1), the rule relies on Regulation XVI, which is 
not currently in the SIP.
    2. Per Section (f)(3), the rule relies on the Air Quality 
Investment Program (Rule 2501), which is not currently in the SIP.
    3. Per Section (f)(4), the rule relies on emission reduction 
strategies approved on a case-by-case basis by the Executive Officer.
    4. Per Section (g)(4), the rule relies on vehicle miles travelled 
reduction programs approved on a case-by-case basis by the Executive 
Officer.
    We proposed to disapprove the SIP revision for Rules 503.1 and 504 
because they conflict with CAA sections 110(a) and (i) and fail to 
address that a state- or district-issued variance has no effect on 
enforcing the underlying federal requirement unless the variance is 
submitted to and approved by EPA as a SIP revision.
    We proposed to disapprove the SIP revision for Rule 511.1 to avoid 
potential conflict with EPA's independent authorities provided in CAA 
section 113, section 114 and elsewhere.
    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

[[Page 4890]]

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

    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 finalizing a full disapproval 
of the submitted rules. This final disapproval does not trigger 
sanctions or a requirement for the EPA to issue a federal 
implementation plan (FIP). Sanctions will not be imposed under CAA 
179(b) because the submittal of Rules 1610, 2202, 503.1, 504 and 511.1 
is discretionary (i.e., these rules are not required to be included in 
the SIP), and the EPA will not promulgate a FIP in this instance under 
CAA 110(c)(1) because the disapproval does not reveal a deficiency in 
the SIP for the area that such a FIP must correct. Specifically: (1) 
Rule 1610 is voluntary and only serves to provide for an alternative 
method of compliance for stationary and other emission sources subject 
to other District regulations that allow the use of credits as a 
compliance option; and (2) Rule 2202 is not a required CAA submittal 
because the CAA gives state and local agencies discretion, but does not 
require, employers ``to implement programs to reduce work-related 
vehicle trips and miles travelled by employees'' (see CAA section 
182(d)(1)(B)). Additionally, at this time, we have not credited 
emission reductions from Rules 1610 or 2202 in an approved SIP and we 
are not aware of a SCAQMD plan submitted to EPA that relies on emission 
reductions from these rules to fulfill a CAA requirement. Accordingly, 
the failure of the SCAQMD to adopt revisions to Rules 1610 and 2202 
would not adversely affect the SIP's compliance with the CAA's 
requirements, such as the requirements for section 182 ozone RACT, 
reasonable further progress, and attainment demonstrations. Rules 
503.1, 504 and 511.1 regulate hearing board procedures and do not 
control emission sources or otherwise generate emission reductions nor 
are they required elements of the SIP. Thus, EPA does not need to 
impose sanctions or promulgate a FIP upon their disapproval. Note that 
the submitted rules have been adopted by the SCAQMD, and a final 
disapproval by the EPA would not prevent the local agency from 
enforcing them or the revised versions of these rules subsequently 
adopted by SCAQMD as a matter of State law.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA, because this SIP disapproval does not in-and-of itself create 
any new information collection burdens, but simply disapproves certain 
State requirements for inclusion in the SIP.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This SIP 
disapproval does not in-and-of itself create any new requirements but 
simply disapproves certain State requirements for inclusion in the SIP.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action disapproves pre-existing requirements 
under State or local law, and imposes no new requirements. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP revision that the EPA is 
disapproving would not 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, and will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental 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 this SIP disapproval does not in-and-of 
itself create any new regulations, but simply disapproves certain State 
requirements for inclusion in the SIP.

H. 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.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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, Volatile 
organic compounds.


[[Page 4891]]


    Dated: January 14, 2016.
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 52.242 is amended by adding paragraphs (a)(1)(iv), (v), 
(vi), (vii) and (viii) to read as follows:


Sec.  52.242  Disapproved rules and regulations.

    (a) * * *
    (1) * * *
    (iv) Rule 511.1, ``Subpoenas,'' submitted on February 7, 1989.
    (v) Rule 503.1, ``Ex Parte Petitions for Variances,'' submitted on 
February 7, 1989.
    (vi) Rule 504, ``Rules from which Variances Are Not Allowed,'' 
submitted on May 13, 1991.
    (vii) Rule 1610, ``Old-Vehicle Scrapping,'' submitted on June 3, 
1997.
    (viii) Rule 2202, ``On-Road Motor Vehicle Mitigation Options,'' 
submitted on June 3, 1999.
* * * * *
[FR Doc. 2016-01572 Filed 1-27-16; 8:45 am]
 BILLING CODE 6560-50-P