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[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76230-76232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30831]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0689; FRL-9936-83-Region 9]

Approval of California Air Plan Revisions, Placer County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Placer County Air Pollution 
Control District (PCAPCD) portion of the California SIP. We are 
approving a local emergency episode plan that describes actions that 
PCAPCD will take to prevent dangerously high ambient emission levels 
under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on February 8, 2016 without further 
notice, unless the EPA receives adverse comments by January 7, 2016. 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-
2015-0689, 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: Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. Multimedia submissions (audio, video, etc.) 
must be accompanied by a written comment. The written comment is 
considered the official comment and should include discussion of all 
points you wish to make. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html.
    Docket: 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 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.

[[Page 76231]]

FOR FURTHER INFORMATION CONTACT: Vanessa Graham, EPA Region IX, (415) 
947-4120 graham.vanessa@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What plan did the State submit?
    B. Are there other versions of this plan?
    C. What is the purpose of the submitted plan?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the plan?
    B. Does the plan meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Plan
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What plan did the State submit?

    Table 1 lists the plan addressed by this action with the date that 
it was adopted by the PCAPCD and submitted by California Air Resources 
Board (ARB).

                                             Table 1--Submitted Plan
----------------------------------------------------------------------------------------------------------------
          Local agency                  Plan title                  Adopted                    Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.........................  Ozone Emergency Episode  June 11, 2015.............  July 15, 2015.
                                  Plan.
----------------------------------------------------------------------------------------------------------------

    On August 11, 2015, the EPA determined that the submittal for the 
PCAPCD Ozone Emergency Episode Plan 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 this plan?

    There are no previous versions of this plan adopted by PCAPCD or 
approved by EPA in the SIP.

C. What is the purpose of the submitted plan?

    The CAA requires the EPA to establish National Ambient Air Quality 
Standards (NAAQS) for Ozone and five other pollutants that are harmful 
to public health and the environment. Each state is required to submit 
to the EPA, within three years after the promulgation of a primary or 
secondary NAAQS, or any revision thereof, an infrastructure SIP 
revision that provides for the implementation, maintenance, and 
enforcement of such NAAQS. CAA Sec.  110(a)(2) describes the contents 
required of such a plan that constitute the ``infrastructure'' of a 
state's air quality management program. The PCAPCD Ozone Emergency 
Episode Plan is intended to fulfill the CAA Sec.  110(a)(2)(G) 
infrastructure SIP requirement for states to submit an air pollution 
emergency contingency plan as required by 40 CFR part 51, subpart H.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIPs must be enforceable (see CAA section 110(a)(2)) and SIP 
revisions are restricted in how they can relax approved SIPs. This plan 
must also meet the infrastructure SIP requirements found in 40 CFR part 
51, subpart H (51.150 through 51.153).
    Guidance that we used to evaluate section 110(a)(2) CAA 
requirements includes: ``Guidance Document for Infrastructure State 
Implementation Plan'' Elements under Clean Air Act Sections 110(a)(1) 
and 110(a)(2), EPA (September 2013).

B. Does the plan meet the evaluation criteria?

    We believe this plan is consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations and infrastructure 
SIPs. The EPA's technical support document (TSD) has more information 
about this plan and our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted plan because we believe it fulfills 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 plan. If we 
receive adverse comments by January 7, 2016, we will publish a timely 
withdrawal in the Federal Register to notify the public 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 February 8, 2016. This will incorporate the 
rule into the federally enforceable SIP.

III. 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 the 
PCAPCD 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 electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

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 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);

[[Page 76232]]

     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, 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 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. 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 February 8, 2016. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 26, 2015.
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 PLAN

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)(465) to read as 
follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (465) New regulation for the following APCD was submitted on July 
15, 2015 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) ``Ozone Emergency Episode Plan,'' adopted on June 11, 2015.

[FR Doc. 2015-30831 Filed 12-7-15; 8:45 am]
 BILLING CODE 6560-50-P
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