[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83154-83156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27853]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0819; FRL-9954-78-Region 9]
Revisions to the California State Implementation Plan; South
Coast Air Quality Management District; Control of Oxides of Nitrogen
Emissions From Off-Road Diesel Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve South Coast Air Quality Management District (SCAQMD
or ``the District'') Rule 2449, Control of Oxides of Nitrogen Emissions
from Off-Road Diesel Vehicles, as a revision to the SCAQMD portion of
the California State Implementation Plan (SIP). SCAQMD Rule 2449 adopts
by reference title 13, chapter 9, section 2449.2 of the California Code
of Regulations, ``Surplus Off-Road Opt-In for NOX (SOON)
Program.'' SCAQMD Rule 2449 requires certain in-use off-road vehicle
fleets to meet more stringent requirements in the South Coast area when
funding is provided by the District in order to achieve additional
reductions of oxides of nitrogen (NOX).
DATES: This rule will be effective on December 21, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2015-0819. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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: Laura Lawrence, EPA Region IX, (415)
947-3407, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and the EPA's Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On March 10, 2016 (81 FR 12637), under section 110(k) of the Clean
Air Act (CAA or ``the Act''), the EPA proposed to approve SCAQMD Rule
2449, ``Control of Oxides of Nitrogen Emissions from Off-Road Diesel
Vehicles'' into the South Coast portion of the California SIP. SCAQMD
Rule 2449 adopts by reference title 13, chapter 9, section 2449.2 of
the California Code of Regulations, ``Surplus Off-Road Opt-In for
NOX (SOON) Program.'' The rule requires certain in-use off-
road vehicle fleets meet more stringent requirements in the South Coast
area when funding is provided by the District in order to achieve
additional reductions of NOX. SCAQMD Rule 2449 was
originally adopted by the SCAQMD on May 2, 2008, and submitted to the
EPA by the
[[Page 83155]]
State of California on July 18, 2008. The District adopted revisions to
the rule on July 11, 2014, and the amended rule was submitted to the
EPA by the State on September 5, 2014. The 2014 revisions incorporated
minor administrative updates made to the SOON program by the California
Air Resources Board (CARB) in December 2011.
Off-road diesel vehicles collectively represent one of the largest
sources of NOX emissions in the South Coast Air Basin. The
purpose of Rule 2449 is to achieve surplus NOX reductions
from this source category beyond those required under CARB's Off-Road
Regulation, with funding provided by the SCAQMD. The SCAQMD's 2012 Air
Quality Management Plan relies on NOX reductions from Rule
2449 to attain the one-hour and 1997 eight-hour ozone National Ambient
Air Quality Standards. Rule 2449 is expected to achieve 7.5 tons per
day (tpd) of NOX reductions in 2023. We note that the EPA is
not approving these emission reductions in today's proposed rule;
emission reductions or SIP credit from Rule 2449 will be addressed in
future EPA actions on attainment plans.
Since our action proposing approval of Rule 2449, SCAQMD has
adopted revisions to the SOON program guidelines. The revised
guidelines were adopted on March 4, 2016, and sent to CARB for
evaluation on August 17, 2016. CARB approved the guidelines on October
6, 2016.\1\ A copy of this approval letter is found in the docket for
this rulemaking action.
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\1\ See letter dated October 6, 2016, from Jack Kitowski, Chief,
CARB Mobile Source Control Division to Henry Hogo, Deputy Executive
Officer, SCAQMD.
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We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and the EPA's Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Final Action
Pursuant to section 110(k)(3) of the Act and for the reasons stated
in our proposed rule, the EPA is approving CARB's September 5, 2014
submittal of SCAQMD Rule 2449, ``Control of Oxides of Nitrogen
Emissions from Off-Road Diesel Vehicles,'' as a revision to the SCAQMD
portion of 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 SCAQMD
Rule 2449 in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, SCAQMD Rule 2449 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);
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 January 20, 2017. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
[[Page 83156]]
Dated: October 18, 2016.
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)(482) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(482) New regulations for the following APCDs were submitted on
September 5, 2014 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-
Road Diesel Vehicles,'' amended on July 11, 2014.
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[FR Doc. 2016-27853 Filed 11-18-16; 8:45 am]
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