[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13869-13871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06559]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0140; FRL-9975-66--Region 9]


Approval of California Air Plan Revisions, San Diego 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 San Diego County Air Pollution 
Control District (SDCAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from polyester resin operations. We are 
approving a local rule to regulate these emission sources, as well as a 
rule rescission, under the Clean Air Act (CAA or ``the Act'').

DATES: This rule will be effective on May 2, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0140. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 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: Arnold Lazarus, EPA Region IX, (415) 
972-3024, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 20, 2017, the EPA proposed to approve the following 
rule and rule rescission into the California SIP (82 FR 60348).
    Table 1 lists the rules addressed by this action with the date that 
they were adopted and repealed by the local air agency, and submitted 
by the California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                     Adopted/        Repealed/
         Local agency              Rule No.        Rule title         amended        rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.......................           67.12  Polyester Resin        5/15/1996       5/11/2016       8/22/2016
                                                 Operations.
SDCAPCD.......................         67.12.1  Polyester Resin        5/11/2016  ..............       8/22/2016
                                                 Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule and rule rescission because we 
determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the rule and rule 
rescission, and our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received seven comments. Commenters generally 
raised issues that are outside the scope of this rulemaking, including 
bird and bat deaths associated with wind and solar facilities, the 
regulation of wildfire risks and emissions from wildfires, and the 
study of hydraulic fracturing and drinking water. One commenter 
supported the regulation of emissions from polyester resin operations, 
and one

[[Page 13870]]

commenter wrote that ``I do not want to repeal the regulations of air 
pollution.'' The EPA notes that it proposed to approve the rescission 
of SDCAPCD Rule 67.12, while simultaneously proposing to approve its 
replacement: Rule 67.12.1. The EPA's Technical Support Document, 
included in the docket for this action, contains the EPA's evaluation, 
including a SIP relaxation analysis, detailing the EPA's proposed 
conclusion that the rescission of Rule 67.12 and its replacement with 
Rule 67.12.1 met the requirements of the Act.
    The EPA is required to approve a state submittal if the submittal 
meets all applicable requirements. 42 U.S.C. 7410(k)(3). The submitted 
comments either fail to identify any specific issue that is germane to 
our action, or they do not change our assessment of the SDCAPCD 
Polyester Resin Operations Rule as described in our proposed action and 
supporting documents.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
and rule rescission as described in our proposed action. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is fully approving 
this rule and rule rescission 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 
51.5, the EPA is finalizing the incorporation by reference of the 
SDCAPCD rule and rule rescission, 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 June 1, 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, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 6, 2018.
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)(241)(i)(A)(7) and 
(c)(488)(i)(A)(2) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (241) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on March 27, 1997 in paragraph 
(c)(241)(i)(A)(1) of this section and now deleted with replacement by 
Rule 67.12.1 in

[[Page 13871]]

paragraph (c)(488)(i)(A)(2) of this section, Rule 67.12, ``Polyester 
Resin Operations,'' adopted on May 15, 1996.
* * * * *
    (488) * * *
    (i) * * *
    (A) * * *
    (2) Rule 67.12.1, ``Polyester Resin Operations,'' adopted and 
effective on May 11, 2016.
* * * * *
[FR Doc. 2018-06559 Filed 3-30-18; 8:45 am]
 BILLING CODE 6560-50-P