[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95472-95473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31226]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0444; FRL-9955-94-Region 9]


Approval 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 taking final 
action to approve revisions to the South Coast Air Quality Management 
District (SCAQMD) portion of the California State Implementation Plan 
(SIP). These revisions concern emissions of oxides of nitrogen 
(NOX) from ovens, dryers, dehydrators, heaters, kilns, 
calciners, furnaces, crematories, incinerators, heated pots, cookers, 
roasters, smokers, fryers, closed and open heated tanks and 
evaporators, distillation units, afterburners, degassing units, vapor 
incinerators, catalytic or thermal oxidizers, soil and water 
remediation units, and other combustion equipment. We are finalizing 
our approval of local rules that regulate these emission sources under 
the Clean Air Act (CAA or the Act).

DATES: These rules will be effective on January 27, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0444. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information 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 http://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, [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 September 16, 2016, the EPA proposed to approve the following 
rules into the California SIP. 81 FR 63732.

----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
           Local agency               Rule No.               Rule title              amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
SCAQMD...........................            1147  NOx Reductions from                09/09/2011      02/06/2013
                                                    Miscellaneous Sources.
SCAQMD...........................          1153.1  Emissions of Oxides of             09/07/2014      04/07/2015
                                                    Nitrogen from Commercial
                                                    Food Ovens.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules 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 one comment regarding EPA's proposed 
approval of Rule 1153.1 that was submitted anonymously.
    Comment: The comment generally supports EPA's proposal to approve 
Rule 1153.1. The commenter acknowledges Rule 1153.1 was designed to 
address delays in emission reduction technology development. However, 
the comment letter expressed a concern regarding the exemption for 
units with daily NOX emissions of 1 pound per day or less. 
The commenter states, ``burners could be replaced with larger emission 
burners and it could easily go unknown by the enforcing agency.'' 
Additionally, the commenter makes a recommendation for ``a testing 
schedule that is less strict for the small emission burners compared to 
the larger ones.''
    Response: The EPA appreciates the comment letter's general support 
of our approval of Rule 1153.1. The exemption discussed in the comment 
is found in section (g)(2) of Rule 1153.1. Sections (g)(2)(A)-(g)(2)(E) 
of Rule 1153.1 describe the documentation required of units with daily 
NOX emissions of 1 pound per day or less. These requirements 
ensure the exempted units are rated at a heat input capacity of less 
than 325,000 BTU per hour, comply with a permit condition limiting 
NOX emissions to 1 pound per day or less, and keep daily 
records of unit operation and fuel gas consumption. Because of these 
requirements, we disagree that the enforcing agency would not know 
about these units. The rule exempts these units from requirements to 
comply with the limits for larger units and testing requirements 
associated with those units. The testing required is used to confirm 
compliance with the limits in Table 1 of the rule. If the commenter's 
recommendation for a less strict testing schedule were implemented for 
the smaller units, it is unclear what would be tested, since the 
exempted units do not have emissions limits in the rule to comply with. 
As noted above, the comment letter generally supports our approval of 
Rule 1153.1 and does not request or recommend any specific changes to 
our proposed action. The comment letter recognizes that Rule 1153.1 
will decrease NOX emissions. For these reasons, the EPA is 
finalizing its proposed approval of Rule 1153.1 without change based on 
the comment.

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 fully approving these rules 
into 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

[[Page 95473]]

51.5, the EPA is finalizing the incorporation by reference of the 
SCAQMD 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);
     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 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 February 27, 2017. 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: November 21, 2016.
Alexis Strauss,
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)(379)(i)(A)(7), 
(c)(428)(i)(D)(2), and (c)(461)(i)(C)(3) to read as follows:


Sec.  52.220  Identification of plan--in part.

    (c) * * *
    (379) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on August 4, 2010 in paragraph 
(c)(379)(i)(A)(4) of this section and now deleted with replacement in 
paragraph (c)(428)(i)(D)(2), Rule 1147, ``NOX Reductions 
from Miscellaneous Sources,'' adopted on December 5, 2008.
* * * * *
    (428) * * *
    (i) * * *
    (D) * * *
    (2) Rule 1147, ``NOX Reductions from Miscellaneous 
Sources,'' amended on September 9, 2011.
* * * * *
    (461) * * *
    (i) * * *
    (C) * * *
    (3) Rule 1153.1, ``Emissions of Oxides of Nitrogen from Commercial 
Food Ovens,'' adopted on November 7, 2014.
* * * * *

[FR Doc. 2016-31226 Filed 12-27-16; 8:45 am]
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