
[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Rules and Regulations]
[Pages 14176-14178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05387]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0683; FRL-9905-26-Region 9]


Revisions to the California State Implementation Plan; South 
Coast Air Quality Management District and El Dorado County Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the South Coast Air Quality Management 
District and El Dorado County Air Quality Management District portions 
of the California State Implementation Plan (SIP). The South Coast 
action was proposed in the Federal Register on September 13, 2013 and 
concerns carbon monoxide emissions from cement kilns. The El Dorado 
County action was proposed in the Federal Register on October 25, 2013 
and concerns the District's demonstration that its rules met reasonably 
available control technology (RACT) requirements under the 1997 8-hour 
ozone National Ambient Air Quality Standards (NAAQS). We are approving 
these documents under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on April 14, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0683 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps,

[[Page 14177]]

multi-volume reports), and some may not be available in either location 
(e.g., confidential business information (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: Stanley Tong, EPA Region IX, (415) 
947-4122, tong.stanley@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to 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 September 13, 2013 (78 FR 56639) under Docket EPA-R09-
OAR-2013-0596, EPA proposed to approve the following rule into the 
California SIP.

----------------------------------------------------------------------------------------------------------------
          Local agency             Rule            Rule title              Amended         Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..........................          1112.1   Emissions of Particulate            12/4/09         07/20/10
                                                    Matter and Carbon Monoxide
                                                    from Cement Kilns.
----------------------------------------------------------------------------------------------------------------

    On October 25, 2013 (78 FR 63934) under Docket EPA-R09-
OAR-2013-0683, EPA proposed to approve the following document into the 
California SIP.

 
------------------------------------------------------------------------
     Local agency          Document         Adopted         Submitted
------------------------------------------------------------------------
EDAQMD...............  EDAQMD                 02/06/07         07/11/07
                        Reasonably
                        Available
                        Control
                        Technology
                        (RACT) State
                        Implementation
                        Plan (SIP)
                        Update
                        Analysis Staff
                        Report (``2006
                        RACT SIP'').
------------------------------------------------------------------------

    Our technical support document for the proposed approval of 
EDAQMD's 2006 RACT SIP included a suggestion that EDAQMD submit 
negative declarations for the metal parts and products, solvent metal 
cleaning, and graphic arts Control Technique Guidelines categories. 
These negative declarations were submitted to EPA on September 30, 
2013, and we are taking separate action on them.
    We proposed to approve SCAQMD Rule 1112.1 and EDAQMD's 2006 RACT 
SIP because we determined that they complied with the relevant CAA 
requirements. Our proposed action contains more information on the 
submitted documents and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed actions provided a 30-day public comment period. The 
docket for South Coast Rule 1112.1 ``Emissions of Particulate Matter 
and Carbon Monoxide from Cement Kilns'' received one comment. The 
comment was not germane to the proposed action and requested 
clarification on the geographic boundary to which the Santa Barbara 
County Air Pollution Control District's outer continental shelf 
applied. EPA provided a separate reply to the commenter. We received no 
comments on the proposed approval of El Dorado County's 2006 RACT SIP.

III. EPA Action

    No comments were submitted that change our assessment of the 
submitted documents as described in our proposed actions. Therefore, as 
authorized in section 110(k)(3) of the Act, EPA is fully approving 
these documents 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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

[[Page 14178]]

Congress and to the Comptroller General of the United States. 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 [insert date 60 days from 
date of publication of this document in the Federal Register]. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 16, 2013.
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 52.220, is amended by adding paragraphs (c)(381) (i)(K) and 
(382)(ii) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (381) * * *
    (i) * * *
    (K) South Coast Air Quality Management District.
    (1) Rule 1112.1, ``Emissions of Particulate Matter and Carbon 
Monoxide from Cement Kilns,'' amended on December 4, 2009.
* * * * *
    (382) * * *
    (i) * * *
    (ii) Additional Material
    (A) El Dorado County Air Quality Management District.
    (1) El Dorado County Air Quality Management District Reasonably 
Available Control Technology (RACT) State Implementation Plan (SIP) 
Update Analysis Staff Report (``2006 RACT SIP'') adopted on February 6, 
2007.
* * * * *
[FR Doc. 2014-05387 Filed 3-12-14; 8:45 am]
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