[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4889-4891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01572]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0545; FRL-9941-72-Region 9]
Disapproval of California Air Plan Revisions, South Coast Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
disapproval of revisions to the South Coast Air Quality Management
District (SCAQMD) portion of the California State Implementation Plan
(SIP). This action was proposed in the Federal Register on November 24,
2015 and concerns rules regulating Vehicle Scrapping, Employee Trip
Reduction, and procedures for the hearing board concerning variances
and subpoenas. The submitted SCAQMD rules are discretionary and this
disapproval does not reveal a deficiency in the SIP.
DATES: Effective Date: This rule is effective on February 29, 2016.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0545
for this action. Generally, documents in the docket for this action are
available electronically at www.regulations.gov or in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94015-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., 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: Idalia P[eacute]rez, EPA Region IX,
(415) 972-3248, [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 November 24, 2015 (80 FR 73156), the EPA proposed to disapprove
the following rules that were submitted for incorporation into the
California SIP.
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Adopted or
Local agency Rule # Rule title amended Submitted
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SCAQMD.......................... 1610 Old-Vehicle Scrapping... 05/09/97......... 06/03/97
SCAQMD.......................... 2202 On-Road Motor Vehicle 10/09/98......... 06/03/99
Mitigation Options.
SCAQMD.......................... 503.1 Ex Parte Petitions for 02/05/88......... 02/07/89
Variances.
SCAQMD.......................... 504 Rules from which 01/05/90......... 05/13/91
Variances Are Not
Allowed.
SCAQMD.......................... 511.1 Subpoenas............... 02/05/88......... 02/07/89
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We proposed to disapprove these rules because some rule provisions
do not satisfy the requirements of section 110 and part D of the Act.
We proposed to disapprove the SIP revision for Rule 1610 based at
least in part on the following deficiencies:
1. The Section (e)(2) requirement that engines of scrapped vehicles
be destroyed is insufficiently federally enforceable for various
reasons.
2. The Section (f)(2)(A) requirement that the vehicle be registered
for two years within SCAQMD is not fully enforceable by allowing the
Executive Officer to approve different documentation.
3. The Section (g) requirement of a visual and functional
inspection of the vehicle has no recordkeeping requirements.
4. There is no recordkeeping requirement to demonstrate compliance
with the Section (g)(1) requirement that vehicles be driven under their
own power to the scrapping site.
5. There is no requirement to maintain records for the life of
Mobile Source Emission Reduction Credits.
We proposed to disapprove the SIP revision for Rule 2202 based at
least in part on the following deficiencies:
1. Per Section (f)(1), the rule relies on Regulation XVI, which is
not currently in the SIP.
2. Per Section (f)(3), the rule relies on the Air Quality
Investment Program (Rule 2501), which is not currently in the SIP.
3. Per Section (f)(4), the rule relies on emission reduction
strategies approved on a case-by-case basis by the Executive Officer.
4. Per Section (g)(4), the rule relies on vehicle miles travelled
reduction programs approved on a case-by-case basis by the Executive
Officer.
We proposed to disapprove the SIP revision for Rules 503.1 and 504
because they conflict with CAA sections 110(a) and (i) and fail to
address that a state- or district-issued variance has no effect on
enforcing the underlying federal requirement unless the variance is
submitted to and approved by EPA as a SIP revision.
We proposed to disapprove the SIP revision for Rule 511.1 to avoid
potential conflict with EPA's independent authorities provided in CAA
section 113, section 114 and elsewhere.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
[[Page 4890]]
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 that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is finalizing a full disapproval
of the submitted rules. This final disapproval does not trigger
sanctions or a requirement for the EPA to issue a federal
implementation plan (FIP). Sanctions will not be imposed under CAA
179(b) because the submittal of Rules 1610, 2202, 503.1, 504 and 511.1
is discretionary (i.e., these rules are not required to be included in
the SIP), and the EPA will not promulgate a FIP in this instance under
CAA 110(c)(1) because the disapproval does not reveal a deficiency in
the SIP for the area that such a FIP must correct. Specifically: (1)
Rule 1610 is voluntary and only serves to provide for an alternative
method of compliance for stationary and other emission sources subject
to other District regulations that allow the use of credits as a
compliance option; and (2) Rule 2202 is not a required CAA submittal
because the CAA gives state and local agencies discretion, but does not
require, employers ``to implement programs to reduce work-related
vehicle trips and miles travelled by employees'' (see CAA section
182(d)(1)(B)). Additionally, at this time, we have not credited
emission reductions from Rules 1610 or 2202 in an approved SIP and we
are not aware of a SCAQMD plan submitted to EPA that relies on emission
reductions from these rules to fulfill a CAA requirement. Accordingly,
the failure of the SCAQMD to adopt revisions to Rules 1610 and 2202
would not adversely affect the SIP's compliance with the CAA's
requirements, such as the requirements for section 182 ozone RACT,
reasonable further progress, and attainment demonstrations. Rules
503.1, 504 and 511.1 regulate hearing board procedures and do not
control emission sources or otherwise generate emission reductions nor
are they required elements of the SIP. Thus, EPA does not need to
impose sanctions or promulgate a FIP upon their disapproval. Note that
the submitted rules have been adopted by the SCAQMD, and a final
disapproval by the EPA would not prevent the local agency from
enforcing them or the revised versions of these rules subsequently
adopted by SCAQMD as a matter of State law.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA, because this SIP disapproval does not in-and-of itself create
any new information collection burdens, but simply disapproves certain
State requirements for inclusion in the SIP.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This SIP
disapproval does not in-and-of itself create any new requirements but
simply disapproves certain State requirements for inclusion in the SIP.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action disapproves pre-existing requirements
under State or local law, and imposes no new requirements. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP revision that the EPA is
disapproving would not 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, and will not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because this SIP disapproval does not in-and-of
itself create any new regulations, but simply disapproves certain State
requirements for inclusion in the SIP.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
[[Page 4891]]
Dated: January 14, 2016.
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 52.242 is amended by adding paragraphs (a)(1)(iv), (v),
(vi), (vii) and (viii) to read as follows:
Sec. 52.242 Disapproved rules and regulations.
(a) * * *
(1) * * *
(iv) Rule 511.1, ``Subpoenas,'' submitted on February 7, 1989.
(v) Rule 503.1, ``Ex Parte Petitions for Variances,'' submitted on
February 7, 1989.
(vi) Rule 504, ``Rules from which Variances Are Not Allowed,''
submitted on May 13, 1991.
(vii) Rule 1610, ``Old-Vehicle Scrapping,'' submitted on June 3,
1997.
(viii) Rule 2202, ``On-Road Motor Vehicle Mitigation Options,''
submitted on June 3, 1999.
* * * * *
[FR Doc. 2016-01572 Filed 1-27-16; 8:45 am]
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