[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5940-5942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0573; FRL-9973-55-Region 9]


Approval of California Air Plan Revisions, Mojave Desert 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 Mojave Desert Air Quality 
Management District (MDAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of volatile 
organic compounds (VOCs) from marine and pleasure craft coating 
operations. We are approving a local rule that regulates these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0573. 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 and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 17, 2017 (82 FR 54307), the EPA proposed to approve the 
following rule into the California SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
          Local agency                Rule No.              Rule title              Amended         Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD..........................            1106   Marine and Pleasure Craft        10/24/2016       02/24/2017
                                                    Coating Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule 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 three comments stating, inter alia, 
that birds and bats are killed by wind and solar facilities, that 
federal agencies should address wildfire risks, and that California 
should regulate emissions from wildfires. These comments fail to 
identify any specific issue that is germane to our action on the Mojave 
Desert Marine and Pleasure Craft Coating Operations Rule.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP.
    In addition, the EPA is fixing typographical errors in Title 40 of 
the Code of Federal Regulations, Section 52.220, subparagraph 
(c)(350)(i). On June 30, 2017, the EPA took final action to approve an 
updated version of Great Basin Unified Air Pollution Control District 
Rule 431 into the California SIP (82 FR 29762). In that action, we

[[Page 5941]]

modified 40 CFR 52.220 by adding subparagraphs (c)(350)(i)(A)(3) and 
(c)(457)(i). Subparagraph (c)(350)(i)(A)(3) was inadvertently added 
following subparagraph (c)(350)(i)(B), when these two paragraphs should 
have been placed in the opposite order. In addition, subparagraph 
(c)(350)(i)(A)(3) contains the following text ``Previously approved on 
October 31, 2007 in paragraph (c)(350)(i)(A)(1) of this section and now 
deleted with replacement in paragraph (c)(457)(i)(I)(2) of this 
section, Rule 431, adopted on December 7, 1990 and revised on December 
4, 2006.'' The cross-reference to subparagraph (c)(457)(i)(I)(2) is in 
error and should instead refer to subparagraph (c)(457)(i)(I)(1). 
Accordingly, in addition to adding new text located in subparagraph 
(c)(350)(i)(B)(3), we are re-ordering subparagraph (c)(350)(i) and 
correcting the cross-reference in subparagraph (c)(350)(i)(A)(3) to 
address these prior mistakes. These changes correct typographical 
errors, and do not substantively modify the regulatory text.

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 
MDAQMD rule 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 (Public Law 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 April 13, 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: January 18, 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 revising paragraphs (c)(350)(i)(A) and 
(B) and by adding paragraph (c)(498)(i)(B) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (350) * * *
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Rule 431, adopted on December 7, 1990 and revised on December 
4, 2006.
    (2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and 
amended on December 04, 2006.
    (3) Previously approved on October 31, 2007 in paragraph 
(c)(350)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(I)(1) of this section, Rule 431,

[[Page 5942]]

adopted on December 7, 1990 and revised on December 4, 2006.
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 444, adopted on October 8, 1976 and amended on September 
25, 2006.
    (2) Rule 1106, Marine Coating Operations, adopted on August 28, 
2006 and amended on October 23, 2006.
    (3) Previously approved on July 16, 2008 in paragraph 
(c)(350)(i)(B)(2) of this section and now deleted with replacement in 
(c)(498)(i)(B)(1), Rule 1106, adopted on August 28, 2006 and amended on 
October 23, 2006.
* * * * *
    (498) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1106, ``Marine and Pleasure Craft Coating Operations,'' 
amended on October 24, 2016.

[FR Doc. 2018-02669 Filed 2-9-18; 8:45 am]
 BILLING CODE 6560-50-P


