Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 7803 

signed, January 28, 2015, until February 

12, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0053] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email 

Steven.M.Fischer3@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: Seattle 

Department of Transportation (SDOT) 

has requested a temporary deviation 

from the operating schedule for the 

Fremont Bridge, mile 2.6, crossing the 

Lake Washington Ship Canal at Seattle, 

WA. The deviation is necessary to 

accommodate SDOT workers for a 

bridge painting project. To facilitate this 

event, the full draw of the bridge will 

not open for vessel traffic unless a five 

hour notice is provided to the bridge 

operator. For all other openings, one 

half of the bridge, or single leaf, will 

remain in the closed position while 

reducing the vertical clearance of the 

non-operating span by four feet to 

account for the installation of a 

moveable platform underneath the 

bridge. 

The Fremont Bridge, mile 2.6, 

provides a vertical clearance of 14 feet 

(31 feet of vertical clearance for the 

center 36 horizontal feet) in the closed 

position. The clearance is referenced to 

the mean water elevation of Lake 

Washington. The normal operating 

schedule for the Fremont Bridge is set 

out in 33 CFR 117.1051 and states that 

the bridge need not open from 7 a.m. to 

9 a.m. and from 4 p.m. to 6 p.m. 

Monday through Friday except all 

Federal holidays but Columbus Day for 

any vessel of less than 1000 tons, unless 

the vessel has in tow a vessel of 1000 

gross tons or over. The normal operating 

schedule for this bridge also requires 

one hour advance notification for bridge 

openings between 11 p.m. and 7 a.m. 

daily. Waterway usage on the Lake 

Washington Ship Canal ranges from 

commercial tug and barge to small 

pleasure craft. 

Vessels able to pass through the 

bridge in the closed positions may do so 

at any time. The bridge will be able to 

open one leaf, half of the draw span, for 

emergencies. Furthermore, there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 28, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–02492 Filed 2–11–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0863; FRL–9921–51– 

Region 9] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

criteria air pollutants including oxides 

of nitrogen (NOX) and particulate matter 

(PM) emissions from boilers, steam 

generators, and process heaters. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective on April 13, 

2015 without further notice, unless EPA 

receives adverse comments by March 

16, 2015. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0863, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 


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7804 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this rule with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ............................. 4307 Boilers, Steam Generators, and Process Heaters—2.0 

MMBtu/hr to 5.0 MMBtu/hr.

05/19/11 07/25/14 

SJVUAPCD ............................. 4308 Boilers, Steam Generators, and Process Heaters—0.075 

MMBtu/hr to less than 2.0 MMBtu/hr.

11/14/13 05/13/14 

On September 11, 2014 and July 18, 

2014, EPA determined that the 

submittals for SJVUAPCD 4307 and 

SJVUAPCD 4308 met the completeness 

criteria in 40 CFR part 51 Appendix V, 

which must be met before formal EPA 

review. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

Rule 4307 into the SIP on January 13, 

2010 (75 FR 1715) and Rule 4308 on 

December 30, 2010 (76 FR 5276). 

C. What is the purpose of the submitted 

rule revisions? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. PM contributes to effects 

that are harmful to human health and 

the environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

NOX and PM emissions. Rule 4307 

contains emissions limitations for NOX

and PM. It has also been revised to 

require tree nut pasteurizers to be fired 

using Public Utility Commission (PUC) 

quality natural gas and also adds 

recordkeeping requirements for those 

units. Rule 4308 has emissions 

limitations for NOX and has been 

revised to lower the emission limit for 

certain types of instantaneous water 

heaters and removes outdated language. 

EPA’s technical support documents 

(TSDs) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

40 CFR part 81 describes SJVUAPCD 

as regulating an extreme nonattainment 

area for the 8-hour 1997 and 2008 

Ozone National Ambient Air Quality 

Standards (NAAQS) and a nonattainment area for the 24-hr 1997 and 

2006 PM2.5 NAAQS. Our evaluation of 

these rules focuses on NOXbecause it is 

a precursor to ozone and PM. SIP rules 

must be enforceable (see CAA section 

110(a)(2)), must not interfere with 

applicable requirements concerning 

attainment and reasonable further 

progress or other CAA requirements (see 

CAA section 110(l)), and must not 

modify certain SIP control requirements 

in nonattainment areas without 

ensuring equivalent or greater emissions 

reductions (see CAA section 193). 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title 

I of the Clean Air Act Amendments of 

1990,’’ (57 FR 13498, April 16, 1992 and 

57 FR 18070, April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 

1988; revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies’’ (‘‘the Little Bluebook’’, 

EPA Region 9, August 21, 2001). 

4. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General 

Preamble; Clean Air Act Amendments of 

1990 Implementation of Title I; Proposed 

Rule’’ (‘‘the NOX Supplement,’’ 57 FR 

55620, November 25, 1992). 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional (ICI) 

Boilers’’ (EPA–453/R–94–022–1994/03, 

March 1994). 

6. ‘‘Determination of Reasonably Available 

Control Technology and Best Available 

Retrofit Control Technology for 

Industrial, Institutional, and Commercial 

Boilers, Steam Generators, and Process 

Heaters,’’ (CARB, July 18, 1991). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each NOX major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)). As noted 

earlier, SJVUAPCD regulates an ozone 

nonattainment area classified as extreme 

for the 1997 and 2008 8-hour standard, 

so Rules 4307 and 4308 must implement 

RACT. 

Generally, SIP rules must implement 

Reasonably Available Control Measures 

(RACM), including RACT, in PM2.5

nonattainment areas. As noted earlier, 

SJVUAPCD regulates a PM2.5

nonattainment area, so SJVUAPCD must 

implement RACM/RACT. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, RACM, 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by March 16, 2015, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 


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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 7805 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on April 13, 

2015. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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 April 13, 2015. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 29, 2014. 

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 

■ 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)(441) (i)(D)(3) and 

(c)(447)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(D) * * * 

(3) Rule 4308, ‘‘Boilers, Steam 

Generators, and Process Heaters—0.075 

MMBtu/hr to less than 2.0 MMBtu/hr,’’ 

amended on November 14, 2013. 

* * * * * 

(447) * * * 

(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 May 19, 2011. 

* * * * * 

[FR Doc. 2015–02854 Filed 2–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[AS123–NBK; FRL–9922–86–Region 9] 

Approval and Promulgation of 

Implementation Plans; American 

Samoa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 


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