95472 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 

corporation, and the foreign partnership 

would not have made the distribution 

but for a funding of the partnership 

through an obligation held (or treated as 

held) by the controlled foreign 

corporation, notwithstanding § 1.956– 

1(e), the partner’s share of the 

partnership obligation is the greater of— 

* * * * * 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2016–31411 Filed 12–27–16; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0444; FRL–9955–94– 

Region 9] 

Approval of California Air Plan 

Revisions, South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the South Coast Air 

Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of oxides of 

nitrogen (NOX) from ovens, dryers, 

dehydrators, heaters, kilns, calciners, 

furnaces, crematories, incinerators, 

heated pots, cookers, roasters, smokers, 

fryers, closed and open heated tanks 

and evaporators, distillation units, 

afterburners, degassing units, vapor 

incinerators, catalytic or thermal 

oxidizers, soil and water remediation 

units, and other combustion equipment. 

We are finalizing our approval of local 

rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: These rules will be effective on 

January 27, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2016–0444. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

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 the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On September 16, 2016, the EPA 

proposed to approve the following rules 

into the California SIP. 81 FR 63732. 

Local agency Rule No. Rule title 

Adopted/ 

amended/ 

revised 

Submitted 

SCAQMD ....... 1147 NOx Reductions from Miscellaneous Sources ................................................ 09/09/2011 02/06/2013 

SCAQMD ....... 1153.1 Emissions of Oxides of Nitrogen from Commercial Food Ovens ................... 09/07/2014 04/07/2015 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment 

regarding EPA’s proposed approval of 

Rule 1153.1 that was submitted 

anonymously. 

Comment: The comment generally 

supports EPA’s proposal to approve 

Rule 1153.1. The commenter 

acknowledges Rule 1153.1 was designed 

to address delays in emission reduction 

technology development. However, the 

comment letter expressed a concern 

regarding the exemption for units with 

daily NOX emissions of 1 pound per day 

or less. The commenter states, ‘‘burners 

could be replaced with larger emission 

burners and it could easily go unknown 

by the enforcing agency.’’ Additionally, 

the commenter makes a 

recommendation for ‘‘a testing schedule 

that is less strict for the small emission 

burners compared to the larger ones.’’ 

Response: The EPA appreciates the 

comment letter’s general support of our 

approval of Rule 1153.1. The exemption 

discussed in the comment is found in 

section (g)(2) of Rule 1153.1. Sections 

(g)(2)(A)–(g)(2)(E) of Rule 1153.1 

describe the documentation required of 

units with daily NOX emissions of 1 

pound per day or less. These 

requirements ensure the exempted units 

are rated at a heat input capacity of less 

than 325,000 BTU per hour, comply 

with a permit condition limiting NOX

emissions to 1 pound per day or less, 

and keep daily records of unit operation 

and fuel gas consumption. Because of 

these requirements, we disagree that the 

enforcing agency would not know about 

these units. The rule exempts these 

units from requirements to comply with 

the limits for larger units and testing 

requirements associated with those 

units. The testing required is used to 

confirm compliance with the limits in 

Table 1 of the rule. If the commenter’s 

recommendation for a less strict testing 

schedule were implemented for the 

smaller units, it is unclear what would 

be tested, since the exempted units do 

not have emissions limits in the rule to 

comply with. As noted above, the 

comment letter generally supports our 

approval of Rule 1153.1 and does not 

request or recommend any specific 

changes to our proposed action. The 

comment letter recognizes that Rule 

1153.1 will decrease NOX emissions. 

For these reasons, the EPA is finalizing 

its proposed approval of Rule 1153.1 

without change based on the comment. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 


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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 95473 

51.5, the EPA is finalizing the 

incorporation by reference of the 

SCAQMD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. 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 February 27, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: November 21, 2016. 

Alexis Strauss, 

Acting 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)(379)(i)(A)(7), 

(c)(428)(i)(D)(2), and (c)(461)(i)(C)(3) to 

read as follows: 

§ 52.220 Identification of plan—in part. 

(c) * * * 

(379) * * * 

(i) * * * 

(A) * * * 

(7) Previously approved on August 4, 

2010 in paragraph (c)(379)(i)(A)(4) of 

this section and now deleted with 

replacement in paragraph 

(c)(428)(i)(D)(2), Rule 1147, ‘‘NOX

Reductions from Miscellaneous 

Sources,’’ adopted on December 5, 2008. 

* * * * * 

(428) * * * 

(i) * * * 

(D) * * * 

(2) Rule 1147, ‘‘NOX Reductions from 

Miscellaneous Sources,’’ amended on 

September 9, 2011. 

* * * * * 

(461) * * * 

(i) * * * 

(C) * * * 

(3) Rule 1153.1, ‘‘Emissions of Oxides 

of Nitrogen from Commercial Food 

Ovens,’’ adopted on November 7, 2014. 

* * * * * 

[FR Doc. 2016–31226 Filed 12–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0393; FRL–9955–62– 

Region 9] 

Approval of California Air Plan 

Revisions, Great Basin Unified Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Great Basin 

Unified Air Pollution Control District 

(GBUAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of 

particulate matter at Owens Lake, CA. 


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