[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57130-57131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25928]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0196; FRL-9970-92-Region 9]


Approval of California Air Plan Revisions, Sacramento 
Metropolitan 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 a revision to the Sacramento Metropolitan Air Quality 
Management District (SMAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of volatile 
organic compounds (VOCs) from landfill gas flaring at the Kiefer 
Landfill in Sacramento, California. We are approving portions of two 
SMAQMD operating permits that limit VOC emissions from this facility 
under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on January 3, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-OAR-2017-0196. All documents in the docket 
are listed on the https://www.regulations.gov Web site. Although listed 
in the docket, 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [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 January 15, 2016 (81 FR 2136) the EPA proposed to partially 
approve and partially disapprove SMAQMD's SIP revision to address 
Reasonably Available Control Technology (RACT) requirements for the 
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) based 
in part on our conclusion that the submittal did not satisfy the CAA 
section 182 requirements for major source VOC RACT from landfill gas 
flaring operations at the Kiefer Landfill. On August 12, 2016 we 
finalized our partial approval and partial disapproval and stated that 
sanctions would be imposed under CAA section 179 and 40 CFR 52.31 
unless the EPA approved SIP revisions correcting this deficiency within 
18 months of the effective date of our final rulemaking action.
    On July 28, 2016 the SMAQMD adopted portions of two operating 
permits (Operating Permit 24360--issued March 24, 2016 and reissued 
April 14, 2016; and Operating Permit 24361--issued March 24, 2016 and 
reissued April 14, 2016) to address the VOC RACT deficiency. On January 
24, 2017 the California Air Resources Board (CARB) submitted these 
operating permits to the EPA for SIP approval and the EPA proposed to 
approve them into the California SIP on July 19, 2017 (82 FR 33032). 
Specifically, we proposed to approve permit conditions 2, 8, 13, 14, 
16, 17, 22, 23, 24, 25, 26, 27, 37, 39 and 40 (or portions thereof) and 
Attachment A from SMAQMD Operating Permit Nos. 24360 and 24361. We 
proposed to approve these portions of the operating permits into the 
SIP because we determined that they complied with the relevant CAA 
requirements. Our proposed action contains more information on these 
operating permits 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 the submitted portions 
of the operating permits into the California SIP. Specifically, we are 
approving permit conditions 2, 8, 13, 14, 16, 17, 22, 23, 24, 25, 26, 
27, 37, 39 and 40 (or portions thereof) and Attachment A from SMAQMD 
Operating Permit Nos. 24360 and 24361, which together establish 
enforceable VOC limitations that satisfy RACT for the landfill gas 
flares at the Kiefer Landfill. Please see the docket for a copy of the 
complete submitted documents.
    Final approval satisfies California's obligation, under CAA section 
182 for the 1997 8-hour ozone NAAQS, to implement RACT for the landfill 
gas flares at the Kiefer Landfill. Our August 12, 2016 partial 
disapproval of SMAQMD's RACT SIP demonstration for the 1997 NAAQS also 
stated that amendments to SMAQMD's pharmaceuticals manufacturing rule

[[Page 57131]]

were required to satisfy RACT. We are taking a separate action 
elsewhere in today's Federal Register to fully approve SMAQMD Rule 464, 
Organic Chemical Manufacturing Operations, into the SIP. Our final 
approval of both the operating permits for the flares at the Kiefer 
Landfill and approval of Rule 464 will terminate both the sanctions 
clock and the federal implementation plan clock associated with our 
August 12, 2016 partial disapproval of SMAQMD's RACT 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 
51.5, the EPA is finalizing the incorporation by reference of the 
SMAQMD operating permits 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 2, 2018. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

     Dated: November 6, 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 paragraph (c)(497) to read as 
follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (497) New and/or amended regulations for the following AQMDs were 
submitted on January 24, 2017 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. 24360--Air Pollution Control Landfill Gas Flare No. 1, Enclosed 
Type'') with Attachment A, as reissued on April 14, 2016.
    (2) Permit to Operate for the Kiefer Landfill (``Permit to Operate 
No. 24361--Air Pollution Control Landfill Gas Flare No. 2, Enclosed 
Type'') with Attachment A, as reissued on April 14, 2016.

[FR Doc. 2017-25928 Filed 12-1-17; 8:45 am]
 BILLING CODE 6560-50-P