Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45191 

1See section 107(d)(4) of the Act. See also 56 FR 

56694, November 6, 1991. 2See 56 FR 56694, November 6, 1991. 

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, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 8, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

40 CFR part 52 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 VV—Virginia 

§ 52.2420 [Amended] 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by: 

■ a. Removing the section entitled ‘‘Part 

II NOX Annual Trading Program’’, 

including ‘‘Article 1’’ through ‘‘Article 

9’’ including entries ‘‘5–140–1010’’ 

through ‘‘5–140–1880’’; 

■ b. Removing the section entitled ‘‘Part 

III NOX Ozone Season Trading 

Program’’, including ‘‘Article 1’’ through 

‘‘Article 9’’ including entries ‘‘5–140– 

2010’’ through ‘‘5–140–2880’’; and; 

■ c. Removing the section entitled ‘‘Part 

IV SO2 Annual Trading Program’’, 

including ‘‘Article 1’’ through ‘‘Article 

9’’ including entries ‘‘5–140–3010’’ 

through ‘‘5–140–3880’’. 

[FR Doc. 2017–20724 Filed 9–27–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0411; FRL–9968–38– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Enhanced 

Monitoring; California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

California on November 10, 1993. This 

SIP revision concerns the establishment 

of a Photochemical Assessment 

Monitoring System (PAMS) network in 

six ozone nonattainment areas within 

California. The EPA is taking this action 

under the Clean Air Act based on the 

conclusion that all applicable statutory 

and regulatory requirements related to 

PAMS SIP revisions have been met. 

DATES: This rule is effective October 30, 

2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2017–0411. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed on the Web site, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) 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: 

Doris Lo, EPA Region IX, (415) 972– 

3959, lo.doris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 2, 2017 (82 FR 35922), we 

proposed to approve a SIP revision 

submitted by the State of California on 

November 10, 1993. Herein, we refer to 

our proposed action on August 2, 2017, 

as the ‘‘proposed rule.’’ 

In our proposed rule, we provided a 

discussion of the regulatory context 

leading to the SIP revision submitted by 

California on November 10, 1993. In 

short, the Clean Air Act (CAA or ‘‘Act’’), 

as amended in 1990, required the EPA 

to designate as nonattainment, and to 

classify as Marginal, Moderate, Serious, 

Severe or Extreme, any ozone areas that 

were still designated nonattainment 

under the 1977 Act Amendments, and 

any other areas violating the 1-hour 

ozone standard, generally based on air 

quality monitoring data from the 1987 

through 1989 period.1 Within 

California, we classified six ozone 

nonattainment areas as Serious, Severe, 

or Extreme: Los Angeles-South Coast 

Air Basin (‘‘South Coast’’), Sacramento 

Metro, San Diego County, San Joaquin 

Valley, Southeast Desert Modified Air 

Quality Management Area (‘‘Southeast 

Desert’’) and Ventura County.2 Such 

areas were subject to many 

requirements, including those related to 

enhanced monitoring in CAA section 

182(c)(1). 

CAA section 182(c)(1) of the CAA 

required the EPA to promulgate rules for 

enhanced monitoring of ozone, oxides 

of nitrogen, and volatile organic 

compounds to obtain more 

comprehensive and representative data 

on ozone air pollution in areas 

designated nonattainment and classified 

as Serious, Severe or Extreme. The 

EPA’s final PAMS regulation was 

promulgated on February 12, 1993 (58 

FR 8452). Section 182(c)(1) also 

required states to submit SIP revisions 

providing for enhanced monitoring for 

such areas consistent with the PAMS 

regulation. 

On November 10, 1993, the California 

Air Resources Board (CARB) submitted 

to the EPA a SIP revision for PAMS 

networks in California (‘‘California 

PAMS SIP revision’’). The California 

PAMS SIP revision consists of PAMS 

commitments from five California air 

districts with jurisdiction within the six 

relevant ozone nonattainment areas: The 

South Coast Air Quality Management 

District (AQMD) (for South Coast and 

Southeast Desert areas); Sacramento 

Metro AQMD (for the Sacramento Metro 

area); San Diego County Air Pollution 

Control District (APCD) (for the San 

Diego County area); San Joaquin Valley 

Unified APCD (for the San Joaquin 

Valley area), and Ventura County APCD 

(for the Ventura County area), as well as 

CARB Executive Orders approving the 

commitments, and public process 

documentation. The California PAMS 

SIP revision is intended to meet the 

requirements of section 182(c)(1) of the 

Act and to comply with the PAMS 

regulation, codified at 40 CFR part 58, 

as promulgated on February 12, 1993. 

In our proposed rule, we identified 

the criteria we used to review the 

California PAMS SIP revision submittal 

and provided our evaluation and 

rationale for proposed approval. We 

determined that California’s PAMS SIP 

revision meets all applicable 

requirements: (1) By first committing to, 

and then by implementing, PAMS 

networks as required in 40 CFR part 58; 

and (2) by providing the public with an 

opportunity to inspect the proposed 


jstallworth on DSKBBY8HB2PROD with RULES
45192 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

network description during the public 

review process for the proposed SIP 

revision prior to forwarding the adopted 

version to CARB for approval and 

submittal to the EPA as a revision to the 

California SIP. As such, in our proposed 

rule, we proposed to approve the 

California PAMS SIP revision submitted 

by CARB on November 10, 1993, as part 

of the California SIP. 

Please see our proposed rule for 

additional background information and 

a more detailed evaluation of the SIP 

revision and explanation of our basis for 

approval. 

II. Public Comments 

The EPA’s proposed action on August 

2, 2017, provided a 30-day public 

comment period ending on September 

1, 2017. We received no comments on 

our proposed action. 

III. Final Action 

Under CAA section 110(k)(3) and for 

the reasons set forth in our proposed 

rule and summarized above, the EPA is 

taking final action to approve the 

California PAMS SIP revision submitted 

on November 10, 1993, for the following 

six ozone nonattainment areas in 

California: South Coast, Sacramento 

Metro, San Diego County, San Joaquin 

Valley, Southeast Desert, and Ventura 

County. We are taking this final action 

based on our conclusion that the 

California PAMS SIP revision meets all 

applicable requirements for enhanced 

ambient pollutant concentration 

monitoring under CAA section 182(c)(1) 

and our PAMS regulation. 

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 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 action 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 November 27, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Volatile 

organic compounds. 

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

Dated: September 15, 2017. 

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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(495) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(495) The following plan was 

submitted on November 10, 1993 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional material. 

(A) California Air Resources Board. 

(1) Letter and attachments from James 

D. Boyd, Executive Officer, California 

Air Resources Board, to Felicia Marcus, 

Regional Administrator, EPA Region IX, 

November 10, 1993. 

* * * * * 

[FR Doc. 2017–20722 Filed 9–27–17; 8:45 am] 

BILLING CODE 6560–50–P 


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