[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37817-37819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16485]



40 CFR Part 52

[EPA-R09-OAR-2017-0034; FRL-9965-26-Region 9]

Approval of California Air Plan Revisions, San Joaquin Valley 
Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD or ``the District'') portion of 
the California State Implementation Plan (SIP). This revised rule 
concerns emissions of oxides of nitrogen, carbon monoxide, oxides of 
sulfur, and particulate matter of 10 microns or less from boilers, 
steam generators and process heaters. We are approving a local rule 
that regulates these emission sources under the Clean Air Act (CAA or 
the Act).

DATES: This rule will be effective on September 13, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0034. 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.

3848, [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 March 21, 2017 (82 FR 14496), the EPA proposed to approve the 
following rule into the California SIP.

[[Page 37818]]

           Local agency                 Rule No.             Rule title             Amended         Submitted
SJVUAPCD..........................            4307   Boilers, Steam                    4/21/16          8/22/16
                                                      Generators, and Process
                                                      Heaters--2.0 MMBtu/hr to
                                                      5.0 MMBtu/hr.

    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 EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment.
    Comment: The commenter asked how the rule revisions would affect 
San Joaquin Valley residents, who would benefit from the revisions, and 
whether the project's impact on human health and the environment 
outweigh the costs of implementing the revisions.
    Response: This comment does not provide any new information or 
basis for either supporting or opposing EPA's proposal. It merely poses 
three questions that were previously addressed by EPA's proposal and 
supporting docket materials. Nonetheless, out of courtesy to the 
commenter, we summarize our previous analysis, as follows. Prior to the 
rule revision, the rule exempted tree-nut pasteurizers fired 
exclusively on natural gas. The revisions expand the exemption to tree-
nut pasteurizers fired by liquefied petroleum gas (LPG). The District 
anticipates a handful of new LPG-fired tree-nut pasteurizers will 
benefit from the rule revisions, but predicts that the difference in 
emissions from LPG instead of natural gas will be negligible. The 
District states that ``[T]he proposed amendment would not result in new 
or more stringent regulatory controls and would not affect air quality 
or emission limitations . . . [and that] no costs are associated with 
this proposed rule amendment.'' \1\

    \1\ San Joaquin Valley Unified Air Pollution Control District, 
Final Draft Staff Report: Rule 4307 (Boilers, Steam Generators, and 
Process Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr), April 21, 2016.

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.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of the 
SJVUAPCD 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);
     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, 
    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. 
    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 October 13, 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)).

[[Page 37819]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Carbon monoxide, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 

    Dated: June 21, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(447)(i)(B)(2) and 
(c)(488)(i)(B) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (447) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on February 12, 2015 in paragraph 
(c)(447)(i)(B)(1) of this section and now deleted with replacement in 
(c)(488)(i)(C)(1), Rule 4307, ``Boilers, Steam Generators, and Process 
Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
* * * * *
    (488) * * *
    (i) * * *
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--
2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on April 21, 2016.
* * * * *
[FR Doc. 2017-16485 Filed 8-11-17; 8:45 am]