[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38604-38605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16823]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0218; FRL-9965-90-Region 9]


Approval of California Air Plan Revisions, Placer County Air 
Pollution Control 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 Placer County Air Pollution Control 
District (PCAPCD) portion of the California State Implementation Plan 
(SIP). These revisions concern the District's demonstration regarding 
Reasonably Available Control Technology (RACT) requirements for the 
1997 and 2008 8-hour ozone National Ambient Air Quality Standards 
(NAAQS), and negative declarations for the polyester resin source 
category for the 2008 8-hour ozone standard. We are approving the 
submitted SIP revisions under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on September 14, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0218. All documents in the docket are 
listed on the https://www.regulations.gov Web site. 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: 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. Statutory and Executive Order Reviews

I. Proposed Action

    On June 15, 2017 (82 FR 27456), the EPA proposed to approve the 
following documents into the California SIP.

----------------------------------------------------------------------------------------------------------------
                Local agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.....................................  2006 Reasonably Available Control          08/10/06        07/11/07
                                              Technology State Implementation
                                              Plan Update Analysis (``2006 RACT
                                              SIP'').
PCAPCD.....................................  2014 Reasonably Available Control          04/10/14        07/18/14
                                              Technology State Implementation
                                              Plan Analysis (``2014 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    PCAPCD's July 18, 2014 submittal also included negative 
declarations for the Polyester Resin source category covered by the 
following control techniques guidelines (CTGs): EPA-450/3-83-008, 
Control of Volatile Organic Compound Emissions from Manufacture of 
High-Density Polyethylene, Polypropylene, and Polystyrene Resins and 
EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from 
Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. 
The District certified that it had no sources subject to the CTG 
documents.
    We proposed to approve these documents because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the documents 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 no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these documents, 
including the negative declarations into the California SIP.

IV. 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:

[[Page 38605]]

     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 October 16, 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, Volatile organic compounds.

    Dated: July 31, 2017.
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)(382)(ii)(D) and 
(c)(449)(ii)(B) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (382) * * *
    (ii) * * *
    (D) Placer County Air Pollution Control District.
    (1) 2006 Reasonably Available Control Technology State 
Implementation Plan Update Analysis, as adopted on August 10, 2006.
* * * * *
    (449) * * *
    (ii) * * *
    (B) Placer County Air Pollution Control District.
    (1) 2014 Reasonably Available Control Technology State 
Implementation Plan Analysis, as adopted on April 10, 2014.
* * * * *

0
3. Section 52.222 is amended by adding paragraph (a)(4)(iv) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (4) * * *
    (iv) Polyester Resin was submitted on July 18, 2014 and adopted on 
April 10, 2014.
* * * * *

[FR Doc. 2017-16823 Filed 8-14-17; 8:45 am]
 BILLING CODE 6560-50-P