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1Since the 2008 primary and secondary NAAQS 

for ozone are identical, for convenience, we refer to 

Continued 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 19, 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 29, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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. 

■ 2. Section 52.2354 is amended by 

redesignating the introductory text as 

paragraph (a) and adding paragraph (b). 

The addition reads as follows: 

Subpart TT—Utah 

§ 52.2354 Interstate transport. 

* * * * * 

(b) Addition to the Utah State 

Implementation Plan regarding the 2008 

Pb Standard for CAA section 

110(a)(2)(D)(i) prongs 1, 2 and 4, 

submitted to EPA on January 19, 2012, 

and addition to the Utah SIP regarding 

the 2010 SO2 Standard for CAA section 

110(a)(2)(D)(i) prong 4, submitted to 

EPA on June 2, 2013. 

[FR Doc. 2016–25145 Filed 10–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0499; FRL–9954–20– 

Region 9] 

Approval and Promulgation of 

Implementation Plan; California; 

Calaveras County, Chico (Butte 

County), San Francisco Bay Area and 

San Luis Obispo County (Eastern San 

Luis Obispo) Base Year Emission 

Inventories for the 2008 Ozone 

Standards 

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 

California State Implementation Plan 

(SIP) concerning the base year emission 

inventories (EIs) for four areas 

designated as nonattainment areas 

(NAAs) for the 2008 ozone National 

Ambient Air Quality Standards (2008 

ozone NAAQS). The subject areas 

include Calaveras County, Chico (Butte 

County), San Francisco Bay Area and 

San Luis Obispo (Eastern San Luis 

Obispo). We are approving these 

revisions under the Clean Air Act (CAA 

or ‘‘the Act’’). 

DATES: This rule is effective on 

December 19, 2016 without further 

notice, unless the EPA receives adverse 

comments by November 18, 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 your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0499 at http://

www.regulations.gov, or via email to 

Nancy Levin, Air Planning Office at 

levin.nancy@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, 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. 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. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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. Background 

II. Summary and Analysis of the State’s 

Submittal 

A. Statutory and Regulatory Requirements 

1. Procedural Requirements for Adoption 

and Submittal of SIP Revisions 

2. Requirements for Base Year Inventories 

B. Summary of the State’s Submittal 

1. Stationary Source Emissions 

2. Area-wide Source Emissions 

3. Off-Road Mobile Source Emissions 

4. Onroad Mobile Source Emissions 

C. The EPA’s Evaluation of the State’s 

Submittal 

1. Evaluation of Procedural Requirements 

2. Evaluation of Base Year Inventory 

Requirements 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On March 12, 2008, the EPA 

strengthened the primary and secondary 

eight-hour ozone NAAQS to 0.075 parts 

per million (ppm) (73 FR 16436).1 In 


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both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008 

ozone standard.’’ 

2The submittal did not include EIs for the Tuscan 

Buttes NAA, which is a small, high elevation area 

containing no anthropogenic sources, see submittal, 

p. 3, or for the Pechanga and Morongo NAAs. 

3These requirements include: An attainment 

demonstration; provisions for reasonably available 

control technology and reasonably available control 

measures; reasonable further progress (RFP) 

reductions in volatile organic compounds (VOC) 

and/or nitrogen oxide (NOX) emissions; 

contingency measures; a vehicle inspection and 

maintenance program; and NOX and VOC emission 

offsets at a ratio of 1.15 to 1 for major source 

permits (see 40 CFR part 51, subpart AA and CAA 

sections 182(b) and 172(c)). A SIP revision 

addressing these requirements is due to the EPA by 

January 1, 2017 (81 FR 26697, May 4, 2016). 

4Submittal pp. 7–35. 

5Meeting, State of California, Air Resources 

Board, CAL/EPA Headquarters, Byron Sher 

accordance with section 107(d) of the 

CAA, the EPA must designate an area 

‘‘nonattainment’’ if it is violating the 

NAAQS or if it is contributing to a 

violation of the NAAQS in a nearby 

area. 

The EPA designated 18 areas in 

California as nonattainment for the 2008 

ozone NAAQS on May 21, 2012, 

effective July 20, 2012 (77 FR 30088, 

codified at 40 CFR 81.305). The 

Calaveras County, Chico (Butte County), 

Imperial County, Kern County (Eastern 

Kern), Mariposa County, Nevada County 

(Western part), San Diego County, San 

Francisco Bay Area, San Luis Obispo 

(Eastern San Luis Obispo) and Tuscan 

Buttes NAAs were classified (by 

operation of law) as ‘‘Marginal’’ 

nonattainment. The EPA classified the 

Ventura County NAA as ‘‘Serious’’ 

nonattainment. The EPA classified the 

Los Angeles-San Bernardino Counties 

(West Mojave Desert), Riverside County 

(Coachella Valley) and Sacramento 

Metro NAAs as ‘‘Severe-15’’ 

nonattainment. The EPA classified the 

Los Angeles-South Coast Air Basin and 

San Joaquin Valley NAAs as ‘‘Extreme’’ 

nonattainment. The EPA designated the 

lands of the Pechanga Band of Luisen ̃ o 

Mission Indians of the Pechanga 

Reservation and the Morongo Band of 

Mission Indians in Southern California 

as separate NAAs and classified them as 

‘‘Moderate’’ and Serious nonattainment, 

respectively. 

The EPA proposed the 2008 ozone 

NAAQS SIP Requirements Rule (SRR) 

on June 6, 2013 (78 FR 34178) and 

finalized the SRR on March 6, 2015 (80 

FR 12264, codified at 40 CFR part 51, 

subpart AA), effective April 6, 2015. 

The SRR established implementation 

requirements for the 2008 ozone 

NAAQS, including requirements for 

‘‘base year’’ emission inventories under 

CAA section 182(a)(1). 

On July 17, 2014, the California Air 

Resources Board (CARB) submitted a 

staff report, titled ‘‘8-Hour Ozone State 

Implementation Plan Emission 

Inventory Submittal, release date: May 

23, 2014’’ (‘‘submittal’’) to the EPA. This 

submittal addresses base year inventory 

requirements for 15 of the 18 NAAs in 

California.2 On September 2, 2016, 

CARB submitted additional technical 

information titled ‘‘8-Hour Ozone State 

Implementation Plan Emission 

Inventory Supplemental Documentation 

(September 2016)’’ (herein referred to as 

‘‘EI Supplemental Documentation’’) to 

support the NAA emission inventories 

submitted on July 17, 2014. 

On May 4, 2016 (81 FR 26697), the 

EPA issued one of three types of 

determinations for each NAA that was 

originally classified as Marginal for the 

2008 ozone NAAQS. The EPA 

determined that four Marginal NAAs in 

California—Calaveras County, Chico 

(Butte County), San Francisco Bay Area 

and Tuscan Buttes—had attained the 

2008 ozone NAAQS by the applicable 

attainment date of July 20, 2015, based 

on complete, quality-assured and 

certified ozone monitoring data for 

2012–2014. The EPA determined that 

one NAA in California—San Luis 

Obispo (Eastern San Luis Obispo) 

(‘‘Eastern SLO’’)—qualified for a 1-year 

attainment date extension for the 2008 

ozone NAAQS even though it did not 

attain the NAAQS by the applicable 

deadline. Finally, the EPA reclassified 

five NAAs in California as Moderate 

because they did not attain the 2008 

ozone NAAQS by the attainment date 

and did not qualify for a 1-year 

extension. The EPA ‘‘bumped up’’ the 

following Marginal NAAs to Moderate: 

Imperial County, Kern County (Eastern 

Kern), Mariposa County, Nevada County 

(Western part) and San Diego County. In 

addition to the Marginal area 

requirements, which include submittal 

of a base year emission inventory (see 

CAA section 182(a)(1)), these NAAs 

became subject to additional 

requirements.3 However, these 

additional requirements are not the 

subject of this action. 

In this action, we are acting on a 

portion of CARB’s submittal, namely, 

the base year EIs for the Calaveras 

County, Chico (Butte County), Eastern 

SLO and San Francisco Bay Area NAAs. 

We are deferring action on the base year 

EIs for NAAs that are required to submit 

updated base year EIs to support their 

attainment demonstrations and to meet 

reasonable further progress 

requirements because we anticipate that 

these later submittals will supersede the 

EIs in the CARB 8-hour EI submittal for 

these areas. 

II. Summary and Analysis of the State’s 

Submittal 

A. Statutory and Regulatory 

Requirements 

1. Procedural Requirements for 

Adoption and Submittal of SIP 

Revisions 

CAA section 110(a)(1) and 110(l) and 

40 CFR 51.102 require states to provide 

reasonable notice and an opportunity 

for a public hearing prior to adoption of 

SIP revisions. Section 110(k)(1)(B) 

requires the EPA to determine whether 

a SIP submittal is complete within 60 

days of receipt. Any plan that we have 

not affirmatively determined to be 

complete or incomplete will become 

complete six months after the day of 

submittal by operation of law. A finding 

of completeness does not approve the 

submittal as part of the SIP nor does it 

indicate that the submittal is 

approvable. It does start a 12-month 

clock for the EPA to act on the SIP 

submittal (see CAA section 110(k)(2)). 

2. Requirements for Base Year 

Inventories 

CAA section 182(a)(1) and 40 CFR 

51.1115(a) require states to submit a 

‘‘base year inventory’’ for each 2008 

ozone nonattainment area within two 

years of the effective date of 

designation. This inventory must be ‘‘a 

comprehensive, accurate, current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of the nonattainment 

area as required by CAA section 

182(a)(1)’’ (40 CFR 51.1100(bb), see also 

CAA section 172(c)(3)). In addition, 40 

CFR 51.1115(a) requires that the 

inventory year be selected consistent 

with the baseline year for the reasonable 

further progress (RFP) plan, which is 

usually the most recent calendar year 

for which a complete triennial inventory 

is required to be submitted to the EPA 

under the Air Emissions Reporting 

Requirements (40 CFR part 51, subpart 

A) (see 40 CFR 51.1110(b)). 

B. Summary of the State’s Submittal 

The State submitted base year EIs for 

areas designated as nonattainment for 

the 2008 8-hour ozone NAAQS on July 

17, 2014.4 CARB’s submittal documents 

the public review process followed prior 

to its submittal to the EPA as a revision 

to the SIP. The submittal includes a 

copy of a CARB notice of public meeting 

on June 26, 2014 to consider the 

approval of the submittal, a transcript 

from the June 26, 2014 meeting,5 and a 


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Auditorium, Second Floor, 1001 I Street, 

Sacramento, California 95814, Thursday, June 26, 

2014, 9:04 a.m., Tiffany C. Kraft, CSR, Certified 

Shorthand Reporter, License Number 12277, pp. 7– 

8. 

6CARB, ‘‘The 8-Hour Ozone State 

Implementation Plan Emission Inventory 

Submittal,’’ Resolution 14–14, June 26, 2014, 

Agenda Item No.: 14–5–1, signed by Tracy Jensen, 

Clerk of the Board. 

7Submittal, p. 5. 

8 In particular, CARB wanted to assure 

consistency with the South Coast Air Quality 

Management District, which planned to use 2012 

data for its base year inventory. See Supplemental 

Documentation. 

9 Ibid. 

10Submittal, pp. 5–6. 

11 Ibid., pp. 7–35. 

12Submittal, pp. 7–35. Fuel combustion 

subcategories: Electric utilities, cogeneration, oil 

and gas production (combustion), manufacturing 

and industrial, food and agricultural processing, 

service and commercial, other (fuel combustion). 

Waste disposal subcategories: Sewage treatment, 

incinerators, other (waste disposal). Cleaning and 

surface coatings subcategories: Laundering, 

degreasing, coatings and related process solvents, 

printing, adhesives and sealants. Petroleum 

Continued 

signed resolution stating that the CARB 

made the EIs available for public review 

at least 30 days prior to the board 

hearing and that the EIs were adopted 

after notice and public hearing.6 As 

noted above, on September 2, 2016, 

CARB provided additional technical 

information referred to herein as EI 

Supplemental Documentation to 

support the NAA EIs submitted on July 

17, 2014. 

CARB selected 2012 as the base year 

because it was the most recent year for 

which comprehensive emissions 

estimates were available,7 and because 

CARB wanted a consistent inventory 

across the state.8 The submitted base 

year EIs are expressed as 2012 average 

summer day emissions in tons per day 

(tpd) and categorized as stationary point 

sources, area-wide sources, on-road 

mobile sources and other mobile 

sources. CARB’s EI Supplemental 

Documentation describes methods used 

to estimate emissions for each category 

and subcategory.9 The submittal 

describes the updates to the 2012 EIs 

since the last comprehensive EI update, 

and it also describes how emissions 

were calculated for ‘‘split regions’’ not 

defined by CARB’s county, air basin, 

and district boundaries.10

Table 1 summarizes the 2012 EIs for 

the Calaveras County, Chico (Butte 

County), Eastern SLO and San Francisco 

Bay Area NAAs for nitrogen oxides 

(NOX) and volatile organic compound 

(VOC) emissions.11

TABLE 1—2012 AVERAGE SUMMER DAY EMISSION INVENTORIES (TPD) 

Category NOX % of total VOC % of total 

Calaveras County 

Stationary Sources .......................................................................................... 0.12 5 0.23 4 

Area-wide Sources .......................................................................................... 0.09 3 1.82 33 

On-road Mobile ................................................................................................ 1.70 64 1.03 19 

Other Mobile .................................................................................................... 0.75 28 2.49 45

Total * ........................................................................................................ 2.66 100 5.56 100

Chico (Butte County) 

Stationary Sources .......................................................................................... 2.03 12 2.08 15 

Area-wide Sources .......................................................................................... 0.67 4 4.81 34 

On-road Mobile ................................................................................................ 7.06 40 3.32 23 

Other Mobile .................................................................................................... 7.79 44 4.00 28

Total * ........................................................................................................ 17.54 100 14.21 100 

San Francisco Bay Area 

Stationary Sources .......................................................................................... 41.33 14 62.13 23 

Area-wide Sources .......................................................................................... 7.99 3 68.37 26 

On-road Mobile ................................................................................................ 151.65 52 74.02 28 

Other Mobile .................................................................................................... 88.55 31 59.98 23 

Total * ........................................................................................................ 289.51 100 264.50 100 

Eastern SLO 

Stationary Sources .......................................................................................... 0.17 25 0.10 21 

Area-wide Sources .......................................................................................... 0.00 0 0.16 33 

On-road Mobile ................................................................................................ 0.37 54 0.17 35 

Other Mobile .................................................................................................... 0.14 21 0.05 10

Total * ........................................................................................................ 0.68 100 0.48 100

* Differences due to rounding. Excludes biogenic emissions. 

1. Stationary Source Emissions 

CARB estimates stationary point 

source emissions based on annual 

reports submitted by the local air 

districts. The local air districts are 

responsible for working with facility 

operators to compile estimates, using 

source testing, direct measurement or 

engineering calculations. CARB 

estimates emissions from smaller point 

sources, such as gasoline dispensing 

facilities and residential water heaters, 

as a group and reports them in a single 

source category. CARB groups stationary 

point source emissions into the 

following categories: Fuel combustion, 

waste disposal, cleaning and surface 

coatings, petroleum production and 

marketing, and industrial processes.12


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productions and marketing subcategories: Oil and 

gas production, petroleum marketing, other 

(petroleum production and marketing). Industrial 

processes subcategories: Food agriculture, mineral 

processes, metal processes, wood and paper, other 

(industrial processes). 

13Attachment 2, Appendix D, Emission Inventory 

Methodology, Agricultural irrigation Pumps— 

Diesel (Updated August 2006), available at http:// 

www.arb.ca.gov/regact/agen06/attach2.pdf 

14EI Supplemental Documentation, pp. 11–12. 

15Submittal, pp. 7–35. Solvent evaporation 

subcategories: Consumer products, architectural 

coatings and related process solvents, pesticides/ 

fertilizers, asphalt paving/roofing. Miscellaneous 

processes subcategories: Residential fuel 

combustion, farming operations, fires, manage 

burning and disposal, cooking. 

16The EP value is the fraction of the product that 

is assumed to potentially contribute to atmospheric 

VOC. California’s pesticide use reporting program 

requires that all agricultural pesticide use must be 

reported monthly by growers to county agricultural 

commissions, who in turn, report the data to DPR. 

See http://www.cdpr.ca.gov/docs/pur/purmain.htm. 

17CARB, Section 6.1 Consumer Products (revised 

April 2000), available at http://www.arb.ca.gov/ei/ 

areasrc/fullpdf/full6-1.pdf. 18CARB, Section 7.6 Livestock Husbandry 

(Revised May 2004), available at http://

www.arb.ca.gov/ei/areasrc/fullpdf/full7-6.pdf. 19CARB, Section 7.1 Residential Wood 

Combustion (Revised October 2015), available at 

http://www.arb.ca.gov/ei/areasrc/fullpdf/full7-1_

2011.pdf. 20EI Supplemental Documentation, pp. 4–10. 

21See submittal p. 6. 

22On March 16, 2013, the EPA approved and 

announced the availability of EMFAC2011 as the 

latest update to the EMFAC model for use in SIP 

development and transportation conformity by 

California state and local governments to meet CAA 

requirements (78 FR 14533). On December 14, 2015, 

the EPA announced the next revision to EMFAC— 

EMFAC 2014 (80 FR 77337). CARB submitted the 

2008 8-hour ozone EI submittal after the EPA’s 

approval of EMFAC2011 and prior to the EPA’s 

approval of EMFAC2014. 

23EI Supplemental Documentation, p. 3. 

CARB describes the methodologies it 

uses for smaller point sources in the EI 

Supplemental Documentation. For 

example, while CARB reports most of 

the food and agricultural processing 

emission sources as individual point 

sources, CARB estimates the exhaust 

emissions from agricultural irrigation 

pumps from a model developed by 

CARB staff. The EI Supplemental 

Documentation provides a link to the 

methodology used.13 The model uses 

United States Department of Agriculture 

(USDA) engine population estimates, 

emission factors, average annual use in 

hours, average brake horsepower of 

engine and average engine load 

factors.14

2. Area-Wide Source Emissions 

CARB’s area-wide source inventories 

include categories where emissions take 

place over a wide geographic area, such 

as consumer products, residential fuel 

combustion and farming operations. 

CARB groups area-wide source 

emissions as either solvent evaporation 

or miscellaneous processes.15

CARB describes the methodologies for 

each area-wide source emission category 

in the EI Supplemental Documentation, 

pages 21–29. CARB uses various 

methodologies for estimating emissions 

from area-wide source categories. For 

example, the California Department of 

Pesticide Regulation (DPR) calculates 

pesticide emission estimates for CARB. 

The DPR applies Emission Potential 

(EP) values from the DPR database to the 

amount of grower-reported pesticide 

application in DPR’s Pesticide Use 

Report database.16 For the consumer 

products emissions estimates, CARB 

conducted surveys to collect updated 

product and ingredient information for 

approximately 360 consumer product 

categories, and determined the total 

sales and total VOC emissions for each 

category based on the survey data. 

CARB adjusted emissions to the 2012 

base year by using population data from 

the California Department of Finance 

(2013).17 CARB bases emissions from 

farming operations on data from the 

USDA’s 2012 Census of Agriculture and 

emission factors for each livestock 

category.18 CARB uses survey data and 

emission factors to estimate emissions 

from residential wood combustion, a 

subcategory of residential fuel 

combustion. In 2011, CARB updated its 

methodology for residential wood 

combustion to include more recent 

survey data on residential wood burning 

devices and consumption rates, updates 

to the EPA National Emission Inventory 

emission factors and improved 

calculation approaches.19

3. Off-Road Mobile Source Emissions 

CARB has developed category-specific 

models for numerous off-road (also 

known as ‘‘non-road’’) sources, 

including locomotives, ships, industrial 

and construction equipment, and 

recreational vehicles. CARB used the 

OFFROAD2007 model for categories 

without source-specific models. CARB 

provided supplementary documentation 

describing the methodologies used for 

the following off-road sources: Aircraft, 

ocean going vessels, commercial harbor 

craft, recreational boats, off-road 

recreational vehicles, fuel storage and 

handling equipment, farm equipment 

and off-road equipment (i.e., transport 

refrigeration units, drill rigs, cargo 

handling equipment, and trains).20 The 

submittal provided emission estimates 

for off-road sources that reflected 

updates to data models for ocean going 

vessels, recreational boats, recreational 

vehicles, off-road equipment and farm 

equipment.21 In addition to describing 

each category, CARB provides Web site 

links to additional information on each 

methodology. These descriptions 

include the type of source represented, 

the types and source of data used, and 

the models used. For example, CARB 

describes ocean-going vessels (OGVs) as 

commercial vessels greater than or equal 

to 400 feet in length or 10,000 gross tons 

or propelled by a marine compression 

ignition engine with a displacement of 

greater than or equal to 30 liters per 

cylinder. CARB’s emission inventory 

includes all OGV emissions occurring 

within 100 nautical miles of the 

California coastline. 

4. On-Road Mobile Source Emissions 

CARB estimated on-road mobile 

emissions from cars, light and heavyduty trucks, motorcycles, buses and 

motor homes using its Emission Factors 

(EMFAC) model version 2011, which 

was the latest EPA-approved version 

available at the time the EIs were 

prepared.22 CARB estimated vehicle 

populations using registration data from 

the Department of Motor Vehicles 

(DMV), updated in 2012.23 The model 

estimates vehicle miles traveled (VMT) 

from data and mileage accrual rates 

from the Bureau of Automotive Smog 

Check Program. CARB states that the EIs 

in this submittal reflect updates to the 

EMFAC2011 activity parameters, 

including vehicle population and 

activity using 2012 DMV data, vehicle 

sales and survival rate estimates, fuel 

sales from the Board of Equalization, 

and updates to mileage accrual rates 

using Smog Check data. CARB adjusted 

the default VMT regional allocations 

using the 2012 National Transportation 

Atlas Database. The model also reflects 

the emissions benefits of CARB’s 2010 

Truck and Bus Regulation, the ‘‘Pavley’’ 

Clean Car Standards and the Low 

Carbon Fuel Standard. CARB provides 

additional information on EMFAC at 

http://www.arb.ca.gov/mseimsei.htm. 

C. The EPA’s Evaluation of the State’s 

Submittal 

1. Evaluation of Procedural 

Requirements 

Based on the documentation included 

in CARB’s submittal, we find that the 

submittal satisfies the procedural 

requirements of sections 110(a)(1) and 

110(l) of the Act requiring states to 

provide reasonable notice and an 

opportunity for public hearing prior to 

adoption of SIP revisions. CARB’s 

submittal became complete by operation 

of law on January 17, 2015 pursuant to 

section 110(k)(1)(B). 


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24We also note that, because the State is not 

required to submit an RFP plan for Marginal areas, 

the requirement for the inventory year selected to 

be consistent with the baseline year for the RFP 

plan is not relevant to these areas. 

2. Evaluation of Base Year Inventory 

Requirements 

The EPA has reviewed the 2012 

average summer day base year EIs for 

the Calaveras County, Chico (Butte 

County), Eastern SLO and San Francisco 

Bay Area NAAs. Our review included 

the emission estimates for stationary 

sources, area-wide sources and mobile 

sources. We find that CARB’s selection 

of 2012 as the base year was appropriate 

for these areas because 2012 was the 

most recent calendar year for which a 

consistent and comprehensive statewide 

inventory was available.24 The 

submittal and EI Supplemental 

Documentation provide sufficient 

information and explanation to allow 

the EPA to make a determination on the 

acceptability of the EIs. Accordingly, we 

conclude that the EIs constitute a 

comprehensive, accurate, current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of the relevant NAAs, as 

required under the CAA and SRR (40 

CFR 51.1100(bb), see also CAA section 

172(c)(3)). 

D. Public Comment and Final Action 

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

the Act, the EPA is fully approving the 

submitted EIs for the Calaveras County, 

Chico (Butte County), San Luis Obispo 

County (Eastern SLO) and San Francisco 

Bay Area NAAs 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 EIs. If we receive adverse 

comments by November 18, 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 December 19, 

2016. 

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, 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 a state plan 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 December 19, 

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 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: September 28, 2016. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

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. 


jstallworth on DSK7TPTVN1PROD with RULES
72002 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(481) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(481) The following revision was 

submitted on July 17, 2014 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) California Air Resources Board. 

(1) California Air Resources Board, 

Staff Report, ‘‘8-Hour Ozone State 

Implementation Plan Emission 

Inventory Submittal,’’ release date: May 

23, 2014, excluding the tables of 2012 

average summer daily emissions (tons 

per day) other than the tables for Chico 

(Butte County), San Luis Obispo County 

(Eastern San Luis Obispo), Calaveras 

County, and San Francisco Bay Area. 

* * * * * 

[FR Doc. 2016–25164 Filed 10–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0559; FRL–9952–22] 

Penflufen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of penflufen in or 

on vegetable, bulb, group 3–07; beet, 

sugar, roots; and beet, sugar, tops. 

Interregional Research Project Number 4 

(IR–4) requested the tolerance 

associated with pesticide petition 

number (PP#) 5E8382, and Bayer 

CropScience requested the tolerances 

associated with PP# 5F8379, under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

October 19, 2016. Objections and 

requests for hearings must be received 

on or before December 19, 2016, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0559, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2015–0559 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before December 19, 2016. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2015–0559, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

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

dockets. 

II. Summary of Petitioned-for Tolerance 

In the Federal Register of October 21, 

2015 (80 FR 63731) (FRL–9935–29), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP# 5E8382) by 

Interregional Research Project Number 4 

(IR–4), 500 College Road East, 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.664 be 

amended by establishing tolerances for 

residues of the fungicide penflufen, (1HPyrazole-4-carboxamide, N-[2-(1,3- 

dimethylbutyl)phenyl]-5-fluoro-1,3- 

dimethyl-), in or on onion, bulb, 3–07A 

at 0.01 parts per million (ppm); and 

onion, green, 3–07B at 0.015 ppm. That 

document referenced a summary of the 

petition prepared by Bayer CropScience, 

the registrant, which is available in the 

docket EPA–HQ–OPP–2015–0559–0002 

at http://www.regulations.gov. 

In the Federal Register of July 20, 

2016 (81 FR 47150) (FRL–9948–45), 

EPA issued a document pursuant to 


jstallworth on DSK7TPTVN1PROD with RULES