2013-12208. Revisions to the California State Implementation Plan, South Coast Air Quality Management District
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Start Preamble
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule.
SUMMARY:
EPA is finalizing approval 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 February 4, 2013 and concerns volatile organic compound (VOC) emissions from municipal solid waste landfills and dairies. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).
DATES:
These rules will be effective on June 24, 2013.
ADDRESSES:
EPA has established docket number EPA-R09-OAR-2012-0728 for this action. Generally, documents in the docket for this action are available electronically at http://Start Printed Page 30769www.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, 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.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 942-3848, levin.nancy@epa.gov.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 February 13, 2013 (78 FR 7703), EPA proposed to approve the following rules into the California SIP.
Local agency Rule No. Rule title Adopted Submitted SCAQMD 1150.1 Control of Gaseous Emissions from Municipal Solid Waste Landfills 04/01/11 09/27/11 SCAQMD 1127 Emissions Reductions from Livestock Waste 08/06/04 10/05/06 We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period. During this period, we received no adverse comments on this proposal.
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, EPA is fully approving these rules 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 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 July 22, 2013. 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)).
Start List of SubjectsList of Subjects in 40 CFR Part 52
- Environmental protection
- Air pollution control
- Incorporation by reference
- Intergovernmental relations
- Volatile organic compounds
Dated: March 27, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:
Start PartPART 52—[AMENDED]
End Part Start Amendment Part1. The authority citation for part 52 continues to read as follows:
End Amendment Part Start Printed Page 30770Subpart F—California
Start Amendment Part2. Section 52.220 is amended by adding paragraphs (c)(347)(i)(B)( 2) and (c)(404)(i)(A)(4)to read as follows:
End Amendment PartIdentification of plan.* * * * *(c) * * *
(347) * * *
(i) * * *
(B) * * *
(2) Rule 1127, “Emissions Reductions from Livestock Waste,” adopted on August 6, 2004.
* * * * *(404) * * *
(i) * * *
(A) * * *
(4) Rule 1150.1, “Control of Gaseous Emissions from Municipal Solid Waste Landfills,” amended on April 1, 2011.
* * * * *[FR Doc. 2013-12208 Filed 5-22-13; 8:45 am]
BILLING CODE 6560-50-P
Document Information
- Comments Received:
- 0 Comments
- Effective Date:
- 6/24/2013
- Published:
- 05/23/2013
- Department:
- Environmental Protection Agency
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2013-12208
- Dates:
- These rules will be effective on June 24, 2013.
- Pages:
- 30768-30770 (3 pages)
- Docket Numbers:
- EPA-R09-OAR-2012-0728, FRL-9799-2
- Topics:
- Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, Volatile organic compounds
- PDF File:
- 2013-12208.pdf
- Supporting Documents:
- » Corrected Technical Support Document for South Coast AQMD Rule 1127.
- » SJV Rule 4570
- » SJV 4570 Staff Report
- » CRWQCB Santa Ana Region Order No. 99-11, August 1999
- » SCAQMD 2003 AQMP Chapter 4 AQMP Control Strategy
- » RACT Q's & A's from William T Harnett to Regional Air Division Directors, May 18, 2006.
- » Little Blue Book 2001
- » General Preamble
- » Blue Book
- » Addendum to General Preamble
- CFR: (1)
- 40 CFR 52.220