68766 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations 

will be used in the calculation of the 

duty refund and allocations.’’ 

[FR Doc. 2015–28284 Filed 11–5–15; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0643; FRL–9935–65– 

Region 9] 

Approval of California Air Plan 

Revisions, Placer County 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 a revision to the 

Placer County portion of the California 

State Implementation Plan (SIP). This 

revision concerns the necessary 

procedures to create emission reduction 

credits (ERCs) from the reduction of 

volatile organic compound (VOC), 

oxides of nitrogen (NOx), oxides of 

sulfur (SOx), particulate matter (PM), 

and carbon monoxide (CO) emissions 

due to the use and installation of a 

control device on stationary locomotive 

engines in rail yards. We are approving 

a local rule that provides administrative 

procedures for creating emissions 

reduction credits, consistent with Clean 

Air Act (CAA or the Act) requirements. 

DATES: This rule is effective on January 

5, 2016 without further notice, unless 

the EPA receives adverse comments by 

December 7, 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–2015–0643, 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withdrawn.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. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@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 rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

action with the dates that it was adopted 

by the Placer County Air Pollution 

Control District (PCAPCD) and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

PCAPCD ......................................................... 515 Stationary Rail Yard Control Emission Reduction Credits.02–19–2015 06–26–2015 

On August 13, 2015, the EPA 

determined that the submittal for 

PCAPCD Rule 515 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 rule? 

There are no previous versions of 

Rule 515 in the SIP, although the 

PCAPCD adopted an earlier version of 

this rule on October 9, 2008, and CARB 

submitted it to us on December 23, 

2008. CARB withdrew the earlier 

version of Rule 515 on August 11, 2014. 

C. What is the purpose of the submitted 

rule? 

The purpose of Rule 515 is to provide 

owners of a rail yard located in Placer 

County with a mechanism for 

quantifying, certifying, and banking 

emission reductions from the 

installation and use of a control device 

that reduces emissions from locomotive 

engines in rail yards. Approval of Rule 

515 into the SIP would allow these 

emission reductions to be used as offsets 

under PCAPCD’s New Source Review 

(NSR) rule. The EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

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). 

In addition, a rule of this type that 

generates emission reduction credits for 

use as offsets in the NSR program must 

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Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations 68767 

meet the NSR requirements for valid 

offsets (see section 173(c)) and meet the 

criteria set forth in the EPA’s guidance 

concerning economic incentive 

programs. 

Guidance and policy documents that 

we use to evaluate enforceability and 

other requirements consistently 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); 57 FR 18070 

(April 28, 1992). 

2. 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. 

3. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

4. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

5. New Source Review—Section 

173(c) of the CAA and 40 CFR part 51, 

appendix S, ‘‘Emission Offset 

Interpretative Ruling’’ require certain 

sources to obtain emission reductions to 

offset increased emissions from new 

projects. 

6. ‘‘Improving Air Quality with 

Economic Incentive Programs,’’ EPA– 

452/R–01–001, January 2001. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability and economic 

incentive programs; and ensures that the 

emission reductions are real, surplus, 

quantifiable, enforceable, and 

permanent. This rule includes detailed 

emissions quantification protocols and 

enforceable procedures that provide the 

necessary assurance that the emission 

reduction credits issued will meet the 

criteria for valid NSR offsets. The TSD 

has more information on 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 rule 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 rule. If we receive adverse 

comments by December 7, 2015, 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 January 5, 

2016. This will incorporate the rule into 

the federally enforceable SIP. 

Please note that if the 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, the EPA may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. 

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 CARB 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or 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, 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 5, 2016. 

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68768 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations 

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 this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

the 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur dioxide, Carbon 

monoxide, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 25, 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 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 paragraph (c)(463) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(463) Amended regulations for the 

following APCDs were submitted on 

June 26, 2015 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) Placer County Air Pollution 

Control District. 

(1) Rule 515, ‘‘Stationary Rail Yard 

Control Emission Reduction Credits,’’ 

amended on February 19, 2015. 

[FR Doc. 2015–28274 Filed 11–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0428; FRL–9932–61– 

Region 8] 

Air Plan Approval; WY; Update to 

Materials Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the materials 

that are incorporated by reference (IBR) 

into the Wyoming State Implementation 

Plan (SIP). The Regulations affected by 

this update have been previously 

submitted by the Wyoming Department 

of Environmental Quality and approved 

by the EPA. In this action, the EPA is 

also notifying the public of corrections 

to typographical errors and minor 

formatting changes to the IBR tables. 

This update affects the SIP materials 

that are available for public inspection 

at the EPA Regional Office. 

DATES: This action is effective 

November 6, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0428. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnership and 

Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. An 

electronic copy of the State’s SIP 

compilation is also available at http://

www.epa.gov/region8/air/sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a state revises as necessary to address its 

unique air pollution problems. 

Therefore, the EPA, from time to time, 

must take action on SIP revisions 

containing new and/or revised 

regulations as being part of the SIP. On 

May 22, 1997 (62 FR 27968), the EPA 

revised the procedures for incorporating 

by reference Federally-approved SIPs, as 

a result of consultation between the EPA 

and the Office of the Federal Register 

(OFR). The description of the revised 

SIP document, IBR procedures and 

‘‘Identification of Plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On November 2, 2006 (71 FR 64460) the 

EPA published the revised format of the 

IBR material for Wyoming as of August 

31, 2006. Today’s action is an update to 

the November 2, 2006 document. 

II. EPA Action 

In this action, the EPA is announcing 

the update to the IBR material as of 

September 1, 2015. The EPA is also 

correcting typographical errors, 

including omission and other minor 

errors in subsection 52.2620, paragraphs 

(c), (d), and (e). 

III. Good Cause Exemption 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon a finding of ‘‘good cause’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s action simply 

updates the codification of provisions 

which are already in effect as a matter 

of law. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wyoming regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

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