[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17081-17086]
[FR Doc No: 2018-07900]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-2017; FRL-9975-70-Region 4]

Air Plan Approval; Florida; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notification of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Florida
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by Florida and approved by EPA.
This update affects the materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.

DATES: This action is effective April 18, 2018.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4
Office, EPA request that you email the contact listed in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
    The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) and EPA then
takes action on the requested changes. EPA establishes a docket for its
actions using a unique Docket Identification Number. which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
    On May 22, 1997, (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each state SIP. These changes revised
the format for the identification of the SIP in 40 CFR part 52,
streamlined the mechanisms for announcing EPA approval of revisions to
a SIP, and streamlined the mechanisms for EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for EPA to maintain ``SIP Compilations'' that
contain the federally-approved regulations and source specific permits
submitted by each state agency. These SIP Compilations are updated
primarily on an annual basis. Under the revised procedures, EPA must
periodically publish an informational document in the rules section of
the Federal Register notifying the public that updates have been made
to a SIP Compilation for a particular state. EPA applied the 1997
revised procedures to Florida on June 16, 1999 (64 FR 32346).

II. EPA Action

    This action represents EPA's publication of the Florida SIP
Compilation update, appearing in 40 CFR part 52: Specifically, the
materials of paragraphs (c) and (d) at 40 CFR 52. In addition, notice
is provided of correcting typographical errors, state effective dates,
EPA approval dates and Federal Register citations listed in to Table
(c) paragraph of paragraph 52.520, as described below:

    A. Under the ``State effective date'' and ``EPA approval date''
changing the 2-digit year to reflect a 4-digit year (for
consistency) and correcting numerous Federal Register citation to
reflect the first page of the preamble opposed to the regulatory
text page.
    B. 62-204.220 Title is revised to read ``Ambient Air Quality
Protection.''
    C. 62-210.920 entry is removed from table. See 82 FR 46682
    D. 62-244.100 State effective date is revised to read ``2/21/
1990''.
    E. 62-244.200 State effective date is revised to read ``2/21/
1990''.
    F. 62-244.300 State effective date is revised to read ``2/21/
1990''.
    G. 62-244.400 State effective date is revised to read ``2/21/
1990''.
    H. 62-244.500 State effective date is revised to read ``2/21/
1990''.
    I. 62-244.600 State effective date is revised to read ``2/21/
1990''.
    J. 62-296.509 entry is removed from table because EPA previously
approved removal of the rule from the Florida SIP. See 74 FR 26103
(June 1, 2009).

III. Good Cause Exemption

    EPA has determined that this action falls under the ``good cause''
exemption

in the section 553(b)(3)(B) of the Administrative Procedure Act (APA)
which, upon finding ``good cause,'' authorizes agencies to dispense
with public participation and section 553(d)(3) which allows an agency
to make an action effective immediately (thereby avoiding the 30-day
delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs and
corrects typographical errors appearing in the CFR. Under section
553(b)(3)(B) of the APA, an agency may find good cause where procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Public comment for this administrative action is ``unnecessary'' and
``contrary to the public interest'' since the codification (and
typographical corrections) only reflect existing law. Immediate notice
of this action in the Federal Register benefits the public by providing
the public notice of the updated Florida SIP Compilation and notice of
typographical corrections to the Florida ``Identification of Plan''
portion of the Federal Register. Further, pursuant to section
553(d)(3), making this action immediately effective benefits the public
by immediately updating both the SIP compilation and the CFR
``Identification of plan'' section (which includes table entry
corrections).

IV. Incorporation by Reference

    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 previously
EPA-approved regulations promulgated by Florida and federally effective
prior to October 1, 2017. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 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 CAA. This notification of
administrative change 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 CAA; 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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).
    EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the Florida SIP compilations previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
believes judicial review of this action under section 307(b)(1) is not
available.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 29, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart K-Florida

0
2. In Sec.  52.520, paragraphs (b) through (d) are revised to read as
follows:

Sec.  52.520   Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 2017, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after October 1, 2017, for Florida will be
incorporated by reference in the next update to the SIP compilation.

    (2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta,
GA 30303. To obtain the material, please call<PHONE_NUMBER>. You may
inspect the material with an EPA approval date prior to October 1,
2017, for Florida at the National Archives and Records Administration.
For information on the availability of this material at NARA go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA Approved Florida Regulations.

                                        EPA Approved Florida Regulations
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                                                       State
State citation (section)       Title/subject      effective date     EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-204 Air Pollution Control--General Provisions
----------------------------------------------------------------------------------------------------------------
62-204.100..............  Purpose and Scope.....       3/13/1996  6/16/1999, 64 FR 32353
62-204.200..............  Definitions...........       2/12/2006  6/27/2008, 73 FR 36435
62-204.220..............  Ambient Air Quality          3/13/1996  6/16/1999, 64 FR 32346
                           Protection.
62-204.240..............  Ambient Air Quality          3/13/1996  6/16/1999, 64 FR 32346
                           Standards.
62-204.260..............  Prevention of                2/12/2006  6/27/2008, 73 FR 36435
                           Significant
                           Deterioration Maximum
                           Allowable Increases
                           (PSD Increments).
62-204.320..............  Procedures for               3/13/1996  6/16/1999, 64 FR 32346
                           Designation and
                           Redesignation of
                           Areas.
62-204.340..............  Designation of               3/13/1996  6/16/1999, 64 FR 32346
                           Attainment,
                           Nonattainment, and
                           Maintenance Areas.
62-204.360..............  Designation of               3/13/1996  6/16/1999, 64 FR 32346
                           Prevention of
                           Significant
                           Deterioration Areas.
62-204.400..............  Public Notice and           11/30/1994  6/16/1999, 64 FR 32353
                           Hearing Requirements
                           for State
                           Implementation Plan
                           Revisions.
62-204.500..............  Conformity............       8/31/1998  8/11/2003, 68 FR 47468  Except for the
                                                                                incorporation by
                                                                                reference of 40 CFR
                                                                                93.104(e) of the
                                                                                Transportation
                                                                                Conformity Rule.
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200..............  Definitions...........       3/28/2012  10/6/2017, 82 FR 46682  Selected definitions
                                                                                are approved into the
                                                                                SIP.
62-210.220..............  Small Business                 10/6/08  7/3/2017, 82 FR 30767.
                           Assistance Program.
62-210.300..............  Permits Required......        5/9/2007  6/1/2009, 63 FR 26103.
62-210.310..............  Air General Permits...       6/29/2011  10/6/2017, 82 FR 46682
62-210.350..............  Public Notice and           10/12/2008  10/6/2017, 82 FR 46682  Excludes revisions
                           Comment.                                                        state effective
                                                                                February 11, 1999,
                                                                                which added 62-
                                                                                210.350(1)(c) avs 62-
                                                                                210.350(4)(a)2, and
                                                                                revised 62-
                                                                                210.350(4)(b).
62-210.360..............  Administrative Permit       11/23/1994  6/16/1999, 64 FR 32346
                           Corrections.
62-210.370..............  Emissions Computation         2/2/2006  6/27/2008, 73 FR 36435
                           and Reporting.
62-210.550..............  Stack Height Policy...      11/23/1994  6/16/1999, 64 FR 32346
62-210.650..............  Circumvention.........      10/15/1992  10/20/1994, 59 FR
                                                                   52916.
62-210.700..............  Excess Emissions......      11/23/1994  6/16/1999, 64 FR 32346
62-210.900..............  Forms and Instructions        2/9/1993  11/7/1994, 59 FR 46157
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
62-212.300..............  General                      6/29/2009  4/12/2011, 76 FR 20239
                           Preconstruction
                           Review Requirements.
62-212.400..............  Prevention of                3/28/2012  9/19/2012, 77 FR 58027  As of September 19,
                           Significant                                                     2012, 61-212.400 does
                           Deterioration.                                                  not include Florida's
                                                                                revision to adopt the
                                                                                PM2.5 SILs threshold
                                                                                and provisions (as
                                                                                promulgated in the
                                                                                October 20, 2010,
                                                                                PM2.5 PSD Increment-
                                                                                SILs-SMC Rule at 40
                                                                                CFR 52.21(k)(2)).
62-212.500..............  Preconstruction Review        2/2/2006  6/27/2008, 73 FR 36435
                           for Nonattainment
                           Areas.
62-212.720..............  Actuals Plantwide           12/17/2013  7/3/2017, 82 FR 30767.
                           Applicability Limits
                           (PALs).
----------------------------------------------------------------------------------------------------------------

                   Chapter 62-243 Tampering With Motor Vehicle Air Pollution Control Equipment
----------------------------------------------------------------------------------------------------------------
62-243.100..............  Purpose and Scope.....       5/29/1990  6/9/1992, 57 FR 24370.
62-243.200..............  Definitions...........        1/2/1991  6/9/1992, 57 FR 24378.
62-243.300..............  Exemptions............        1/2/1991  6/9/1992, 57 FR 24378.
62-243.400..............  Prohibitions..........        1/2/1991  6/9/1992, 57 FR 24378.
62-243.500..............  Certification.........        1/2/1991  6/9/1992, 57 FR 24378.
62-243.600..............  Enforcement...........        1/2/1991  6/9/1992, 57 FR 24378.
62-243.700..............  Penalties.............       5/29/1990  6/9/1992, 57 FR 24370.
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-244 Visible Emissions From Motor Vehicles
----------------------------------------------------------------------------------------------------------------
62-244.100..............  Purpose and Scope.....       2/21/1990  6/9/1992, 57 FR 24370.
62-244.200..............  Definitions...........       2/21/1990  6/9/1992, 57 FR 24370.
62-244.300..............  Exemptions............       2/21/1990  6/9/1992, 57 FR 24370.
62-244.400..............  Prohibitions..........       2/21/1990  6/9/1992, 57 FR 24370.
62-244.500..............  Enforcement...........       2/21/1990  6/9/1992, 57 FR 24370.
62-244.600..............  Penalties.............       2/21/1990  6/9/1992, 57 FR 24370.
----------------------------------------------------------------------------------------------------------------
                                      Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------
62-252.300..............  Gasoline Dispensing           5/1/2015  8/12/2015, 80 FR 48259
                           Facilities Stage I
                           Vapor Recovery.
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-256 Open Burning and Frost Protection Fires
----------------------------------------------------------------------------------------------------------------
62-256.100..............  Declaration and Intent      12/09/1975  11/1/1977, 42 FR 57124
62-256.200..............  Definitions...........      11/30/1994  6/16/1999, 64 FR 32346
62-256.300..............  Prohibitions..........      11/30/1994  6/16/1999, 64 FR 32346
62-256.400..............  Agricultural and              7/1/1971  5/31/1972, 37 FR 10842
                           Silvicultural Fires.
62-256.450..............  Burning for Cold or          6/27/1991  9/9/1994, 59 FR 46552.
                           Frost Protection.
62-256.500..............  Land Clearing.........      11/30/1994  6/16/1999, 64 FR 32346
62-256.600..............  Industrial,                   7/1/1971  5/31/1972, 37 FR 10842
                           Commercial,
                           Municipal, and
                           Research Open Burning.
62-256.700..............  Open Burning Allowed..      11/30/1994  6/16/1999, 64 FR 32346
62-256.800..............  Effective Date........        7/1/1971  5/31/1972, 37 FR 10842
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100..............  Purpose and Scope.....       10/6/2008  10/6/2017, 82 FR 46682
62-296.320..............  General Pollutant            3/13/1996  6/16/1999, 64 FR 32346
                           Emission Limiting
                           Standards.
62-296.340..............  Best Available               1/31/2007  8/29/2013, 78 FR 53250
                           Retrofit Technology.
62-296.401..............  Incinerators..........       3/13/1996  6/16/1999, 64 FR 32346
62-296.402..............  Sulfuric Acid Plants..       3/13/1996  6/16/1999, 64 FR 32346
62-296.403..............  Phosphate Processing..       3/13/1996  6/16/1999, 64 FR 32346
62-296.404..............  Kraft (Sulfate) Pulp         3/13/1996  6/16/1999, 64 FR 32346
                           Mills and Tall Oil
                           Plants.
62-296.405..............  Fossil Fuel Steam             3/2/1999  10/6/2017, 82 FR 46682
                           Generators with more
                           than 250 million Btu
                           per Hour Heat Input.
62-296.406..............  Fossil Fuel Steam             3/2/1999  10/6/2017, 82 FR 46682
                           Generator with less
                           than 250 million Btu
                           per Hour Heat Input,
                           New and Existing
                           Emissions Units.
62-296.408..............  Nitric Acid Plants....      11/23/1994  6/16/1999, 64 FR 32346
62-296.409..............  Sulfur Recovery Plants      11/23/1994  6/16/1999, 64 FR 32346
62-296.410..............  Carbonaceous Fuel           11/23/1994  6/16/1999, 64 FR 32346
                           Burning Equipment.
62-296.412..............  Dry Cleaning                 3/11/2010  10/6/2017, 82 FR 46682
                           Facilities.
62-296.414..............  Concrete Batching            1/10/2007  10/6/2017, 82 FR 46682
                           Plants.
62-296.415..............  Soil Thermal Treatment       3/13/1996  6/16/1999, 64 FR 32346
                           Facilities.
62-296.418..............  Bulk Gasoline Plants..       3/11/2010  10/6/2017, 82 FR 46682
62-296.470..............  Implementation of             4/1/2007  10/12/07, 72 FR 58016.
                           Federal Clean Air
                           Interstate Rule.
62-296.500..............  Reasonably Available         3/11/2010  10/6/2017, 82 FR 46682
                           Control Technology
                           (RACT)--Volatile
                           Organic Compounds
                           (VOC) and Nitrogen
                           Oxides (NOX) Emitting
                           Facilities.

62-296.501..............  Can Coating...........      11/23/1994  6/16/1999, 64 FR 32346
62-296.502..............  Coil Coating..........      11/23/1994  6/16/1999, 64 FR 32346
62-296.503..............  Paper Coating.........      11/23/1994  6/16/1999, 64 FR 32346
62-296.504..............  Fabric and Vinyl            11/23/1994  6/16/1999, 64 FR 32346
                           Coating.
62-296.505..............  Metal Furniture             11/23/1994  6/16/1999, 64 FR 32346
                           Coating.
62-296.506..............  Surface Coating of          11/23/1994  6/16/1999, 64 FR 32346
                           Large Appliances.
62-296.507..............  Magnet Wire Coating...      11/23/1994  6/16/1999, 64 FR 32346
62-296.508..............  Petroleum Liquid             10/6/2008  10/6/2017, 82 FR 46682  Amendments effective
                           Storage.                                                        10/6/08.
62-296.510..............  Bulk Gasoline               11/23/1994  6/16/1999, 64 FR 32346
                           Terminals.
62-296.511..............  Solvent Metal Cleaning        6/5/1996  01/16/2003, 68 FR 2204
62-296.512..............  Cutback Asphalt.......      11/23/1994  6/16/1999, 64 FR 32346
62-296.513..............  Surface Coating of          11/23/1994  6/16/1999, 64 FR 32346
                           Miscellaneous Metal
                           Parts and Products.
62-296.514..............  Surface Coating of          11/23/1994  6/16/1999, 64 FR 32346
                           Flat Wood Paneling.
62-296.515..............  Graphic Arts Systems..      11/23/1994  6/16/1999, 64 FR 32346
62-296.516..............  Petroleum Liquid            11/23/1994  6/16/1999, 64 FR 32346
                           Storage Tanks with
                           External Floating
                           Roofs.
62-296.570..............  Reasonably Available        11/23/1994  6/16/1999, 64 FR 32346
                           Control Technology
                           (RACT)--Requirements
                           for Major VOC and
                           NOX--Emitting
                           Facilities.
62-296.600..............  Reasonably Available         3/13/1996  6/16/1999, 64 FR 32346
                           Control Technology
                           (RACT)--Lead.
62-296.601..............  Lead Processing               8/8/1994  9/18/1996, 61 FR 49064
                           Operations in General.
62-296.602..............  Primary Lead Acid            3/13/1996  9/18/1996, 61 FR 49064
                           Battery Manufacturing
                           Operations.
62-296.603..............  Secondary Lead                8/8/1994  9/18/1996, 61 FR 49064
                           Smelting Operations.
62-296.604..............  Electric Arc Furnace          8/8/1994  9/18/1996, 61 FR 49064
                           Equipped Secondary
                           Steel Manufacturing
                           Operations.
62-296.605..............  Lead Oxide Handling           8/8/1994  9/18/1996, 61 FR 49064
                           Operations.
62-296.700..............  Reasonably Available        11/23/1994  6/16/1999, 64 FR 32346
                           Control Technology
                           (RACT)--Particulate
                           Matter.
62-296.701..............  Portland Cement Plants      11/23/1994  6/16/1999, 64 FR 32346
62-296.702..............  Fossil Fuel Steam           11/23/1994  6/16/1999, 64 FR 32346
                           Generators.
62-296.703..............  Carbonaceous Fuel           11/23/1994  6/16/1999, 64 FR 32346
                           Burners.
62-296.704..............  Asphalt Concrete            11/23/1994  6/16/1999, 64 FR 32346
                           Plants.
62-296.705..............  Phosphate Processing        11/23/1994  6/16/1999, 64 FR 32346
                           operations.
62-296.706..............  Glass Manufacturing         11/23/1994  6/16/1999, 64 FR 32346
                           Process.
62-296.707..............  Electric Arc Furnaces.      11/23/1994  6/16/1999, 64 FR 32346
62-296.708..............  Sweat of Pot Furnaces.      11/23/1994  6/16/1999, 64 FR 32346
62-296.709..............  Lime Kilns............      11/23/1994  6/16/1999, 64 FR 32346
62-296.710..............  Smelt Dissolving Tanks      11/23/1994  6/16/1999, 64 FR 32346
62-296.711..............  Materials Handling,         11/23/1994  6/16/1999, 64 FR 32346
                           Sizing, Screening,
                           Crushing and Grinding
                           operations.
62-296.712..............  Miscellaneous               11/23/1994  6/16/1999, 64 FR 32346
                           Manufacturing Process
                           Operations.
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.310..............  General Emissions Test        3/9/2015  10/6/2017, 82 FR 46682
                           Requirements.
62-297.400..............  EPA Methods Adopted by      11/23/1994  6/16/1999, 64 FR 32346
                           Reference.
62-297.401..............  Compliance Test              3/13/1996  6/16/1999, 64 FR 32346
                           Methods.
62-297.440..............  Supplementary Test          11/23/1994  6/16/1999, 64 FR 32346
                           Procedures.
62-297.450..............  EPA VOC Capture               3/2/1999  10/6/2017, 82 FR 46682
                           Efficiency Test
                           Procedures.
62-297.620..............  Exceptions and              11/23/1994  6/16/1999, 64 FR 32346
                           Approval of Alternate
                           Procedures and
                           Requirements.
----------------------------------------------------------------------------------------------------------------

                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
112.3143(4).............  Voting Conflict.......       4/19/2012  7/30/2012, 77 FR 44485  To satisfy the
                                                                                requirements of
                                                                                sections 128 and
                                                                                110(a)(2)(E)(ii).
112.3144................  Full and Public              4/19/2012  7/30/2012, 77 FR 44485  To satisfy the
                           Disclosure of                                                   requirements of
                           Financial Interests.                                            sections 128 and
                                                                                110(a)(2)(E)(ii).
403.131.................  Injunctive relief,           4/19/2012  7/30/2012, 77 FR 44485  To satisfy the
                           remedies.                                                       requirements of
                                                                                section 110(a)(2)(G).
120.569.................  Decisions which affect       4/19/2012  7/30/2012, 77 FR 44485  To satisfy the
                           substantial interests.                                          requirements of
                                                                                section 110(a)(2)(G).
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source-specific requirements.

                                EPA-Approved Florida Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source                Permit No.      effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Harry S Truman, animal import      NA.................      11/26/1996  1/19/2000, 65 FR
 center.                                                                 2882.
Martin Gas Sales, Inc............  0570477-007-AC.....       1/17/2003  5/1/2003, 68 FR
                                                                         23209.
Broward County Aviation            ...................       8/15/2003  6/17/2003, 69 FR     Order Granting
 Department.                                                             33862.               Variance from Rule
                                                                                62-252.400.
Lockheed Martin Aeronautics        ...................       4/16/2005  11/28/2006, 71 FR    Requirement that
 Company.                                                                68745.               Lockheed Martin
                                                                                Aeronautics
                                                                                Company comply
                                                                                with EPA's
                                                                                Aerospace CTG at
                                                                                its Pinellas
                                                                                County facility.
Combs Oil Company................  ...................       7/31/2009  9/25/2015, 80 FR     Order Granting
                                                                         57727.               Variance from Rule
                                                                                62-296.418(2)(b)2.
Mosaic Fertilizer, LLC...........  Air Permit No.            1/15/2015  7/3/2017, 82 FR      Specific Conditions
                                    0570008-080-AC.                      30749.               pertaining to:
                                                                                EU004; EU005; and
                                                                                EU006.
Rayonier Performance Fibers, LLC.  Air Permit No.            4/12/2012  7/3/2017, 82 FR      Specific Conditions
                                    0890004-036-AC.                      30749.               pertaining to:
                                                                                EU005; EU006; and
                                                                                EU022.
Tampa Electric Company--Big Bend   Air Permit No.            2/26/2015  7/3/2017, 82 FR      Specific Conditions
 Station.                           0570039-074-AC.                      30749.               pertaining to:
                                                                                EU001; EU002;
                                                                                EU003 and EU004.
WestRock, LLC....................  Air Permit No.             1/9/2015  7/3/2017, 82 FR      Specific Conditions
                                    0890003-046-AC.                      30749.               pertaining to:
                                                                                EU006; EU015;
                                                                                EU007 and EU011.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-07900 Filed 4-17-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Page 18604]
[FR Doc No: 2014-07343]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending March 22, 2014

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2014-0035.
    Date Filed: March 18, 2014.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: April 8, 2014.
    Description: Application of SkyGreece Airlines S.A. requesting
exemption authority and a foreign air carrier permit to conduct: (a)
foreign scheduled and charter air transportation of persons, property,
and mail from any point or points behind any Member State of the
European Union via any point or points in any Member State and via
intermediate points to any point or points in the United States and
beyond; (b) foreign scheduled and charter air transportation of
persons, property, and mail between any point or points in the United
States and any point or points in any Member of the European Common
Aviation Area; (c) foreign scheduled and charter cargo air
transportation between any point or points in the United States and any
other point or points; (d) other charters pursuant to the prior
approval requirements; and (e) scheduled and charter transportation
consistent with any future, additional rights that may be granted to
foreign air carriers of the Member States of the European Union.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations, Federal Register
Liaison.
[FR Doc. 2014-07343 Filed 4-1-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24487-24488]
[FR Doc No: 2012-9812]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0034; FRL 9516-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Voluntary Aluminum Industrial
Partnership (VAIP) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before May 24, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0034, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Air and Radiation Docket
Information Center, 28221T, 1200 Pennsylvania Ave. NW., Washington, DC
20460, and (2) OMB by mail to: Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer
for EPA, 725 17th Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sally Rand, Climate Change Division,
Office of Atmospheric Programs (6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 16, 2012 (77 FR 9233), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional comments on this ICR should be submitted
to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2003-0034, which is available for online viewing at
www.regulations.gov, or in person viewing at the Air and Radiation
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA/DC 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 Reading Room is 202-566-
1744, and the telephone number for the Air and Radiation Docket is 202-
566-1742.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public

viewing at www.regulations.gov as EPA receives them and without change,
unless the comment contains copyrighted material, confidential business
information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to www.regulations.gov.
    Title: Voluntary Aluminum Industrial Partnership (VAIP) (Renewal).
    ICR numbers: EPA ICR No. 1867.05, OMB Control No. 2060-0411.
    ICR Status: This ICR is scheduled to expire on April 30, 2012.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: EPA's Voluntary Aluminum Industrial Partnership (VAIP)
was initiated in 1995 and is an important voluntary program
contributing to the overall reduction in emissions of greenhouse gases.
This program focuses on reducing direct greenhouse gas emissions
including perfluorocarbon (PFC) and carbon dioxide (CO2)
emissions from the production of primary aluminum. Six of the seven
U.S. producers of primary aluminum participate in this program. PFCs
are very potent greenhouse gases with global warming potentials several
thousand times that of carbon dioxide, and they persist in the
atmosphere for thousands of years. CO2 is emitted from
consumption of the carbon anode. The Partnership effectively promotes
the adoption of emission reduction technologies and practices
associated with decreasing the frequency and duration of anode effects.
Participants voluntarily agree to designate a VAIP liaison, and to
undertake and share information on technically feasible and cost-
effective actions to reduce PFC and direct CO2 emissions.
The information contained in the annual reports of VAIP members is used
by EPA to assess the success of the program in achieving its goals and
to advance Partner efforts to reduce greenhouse gas emissions.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 40
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Primary Production of Aluminum.
    Estimated Number of Respondents: 6.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 240.
    Estimated Total Annual Cost: $22,668, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 393 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is attributable in part to
implementation of the EPA Mandatory Reporting of Greenhouse Gases Rule
(74 FR 56260) which requires reporting of greenhouse gas (GHG) data and
other relevant information from large sources and suppliers in the
United States. The regulation includes primary aluminum production and
because emissions reporting shifted from a voluntary to a mandatory
activity, companies are no longer required to track, assess and submit
emissions data under the VAIP. There is also one less participating
company due to their cessation of primary aluminum production.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-9812 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Page 64409]
[FR Doc No: 2015-27054]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9023-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs).
Filed 10/12/2015 Through 10/16/2015.
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20150291, Draft, NMFS, FL, Regulatory Amendment 16 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region, Comment Period Ends: 12/07/2015, Contact: Rick
DeVictor<PHONE_NUMBER>.

EIS No. 20150292, Final, HUD, CA, Potrero HOPE SF Master Plan, Review
Period Ends: 11/23/2015, Contact: Eugene Flannery<PHONE_NUMBER>.

EIS No. 20150293, Final, USFS, AK, Saddle Lakes Timber Sale, Review
Period Ends: 12/07/2015, Contact: Daryl Bingham<PHONE_NUMBER>.
EIS No. 20150294, Draft, FHWA, NC, I-26 Asheville Connector, Comment
Period Ends: 12/07/2015, Contact: John F. Sullivan, III<PHONE_NUMBER>
ext. 122.

    Dated: October 20, 2015.
Karin Leff
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-27054 Filed 10-22-15; 8:45 am]
BILLING CODE 6560-50-P


described in the District's and CARB's commitment letters would provide
sufficient emissions reductions even though reductions from the
measures would be lower than the EPA normally recommends for such
measures.
    For these reasons, and in light of commitments from the District
and CARB to adopt and submit a District rule that will apply tighter
limits or requirements upon a failure to achieve an RFP milestone or
the 2008 ozone NAAQS by the applicable attainment date, we propose to
approve conditionally the contingency measures element of the 2018
Western Nevada County Ozone Plan as meeting the contingency measures
requirements of CAA sections 172(c)(9) and 182(c)(9). Our proposed
approval is conditional because it relies upon commitments to adopt and
submit a specific enforceable

contingency measure (i.e., a revised District rule or rules with
contingent provisions). Conditional approvals are authorized under CAA
section 110(k)(4).

G. Motor Vehicle Emissions Budgets for Transportation Conformity

1. Statutory and Regulatory Requirements
    Section 176(c) of the CAA requires federal actions in nonattainment
and maintenance areas to conform to the SIP's goals of eliminating or
reducing the severity and number of violations of the NAAQS and
achieving expeditious attainment of the standards. Conformity to the
SIP's goals means that such actions will not: (1) Cause or contribute
to violations of a NAAQS, (2) worsen the severity of an existing
violation, or (3) delay timely attainment of any NAAQS or any interim
milestone.
    Actions involving Federal Highway Administration (FHWA) or Federal
Transit Administration (FTA) funding or approval are subject to the
EPA's transportation conformity rule, codified at 40 CFR part 93,
subpart A. Under this rule, metropolitan planning organizations in
nonattainment and maintenance areas coordinate with state and local air
quality and transportation agencies, the EPA, the FHWA, and the FTA to
demonstrate that an area's regional transportation plans and
transportation improvement programs conform to the applicable SIP.\118\
This demonstration is typically done by showing that estimated
emissions from existing and planned highway and transit systems are
less than or equal to the motor vehicle emissions budgets (``budgets'')
contained in all control strategy SIPs. Budgets are generally
established for specific years and specific pollutants or precursors.
Ozone plans should identify budgets for on-road emissions of ozone
precursors (NOX and VOC) in the area for each RFP milestone
year and, if the plan demonstrates attainment, the attainment
year.\119\
---------------------------------------------------------------------------

    \118\ As mentioned in Section I.B, Western Nevada County is an
isolated rural area. Isolated rural areas do not have federally
required metropolitan transportation plans and transportation
improvement programs, and they are not subject to the frequency
requirements for conformity determinations on transportation plans
and transportation improvement programs (40 CFR 93.104(b), (c), and
(e)). Instead, in an isolated rural area, a conformity determination
is required for the 2008 ozone and other applicable NAAQS only when
a non-exempt FHWA/FTA project(s) needs funding or approval, based on
the conformity requirements for isolated rural areas at 40 CFR
93.109(g). See also ``Transportation Conformity Guidance for 2008
Ozone Nonattainment Areas,'' July 2012, EPA Office of Transportation
and Air Quality, Transportation and Climate Division, available at
https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120701_otaq_epa-420_b-12-045_guidance_transport_conformity_2008_oxone_naaqs.pdf.
    \119\ 40 CFR 93.102(b)(2)(i).
---------------------------------------------------------------------------

    For budgets to be approvable, they must meet, at a minimum, the
EPA's adequacy criteria (40 CFR 93.118(e)(4)) and be approvable under
all pertinent SIP requirements. To meet these requirements, the budgets
must be consistent with the attainment and RFP requirements and reflect
all of the motor vehicle control measures contained in the attainment
and RFP demonstrations.\120\
---------------------------------------------------------------------------

    \120\ 40 CFR 93.118(e)(4)(iii), (iv) and (v). For more
information on the transportation conformity requirements and
applicable policies on budgets, please visit our transportation
conformity website at: http://www.epa.gov/otaq/stateresources/transconf/index.htm.
---------------------------------------------------------------------------

    The EPA's process for determining adequacy of a budget consists of
three basic steps: (1) Providing public notification of a SIP
submission; (2) providing the public the opportunity to comment on the
budget during a public comment period; and (3) making a finding of
adequacy or inadequacy.\121\
---------------------------------------------------------------------------

    \121\ 40 CFR 93.118(f)(2).
---------------------------------------------------------------------------

2. Summary of the State's Submission
    Chapter VI of the 2018 Western Nevada County Ozone Plan includes
budgets for the 2020 RFP milestone and attainment year. The budgets
were derived from the 2011 base year. The budgets were calculated using
EMFAC2014, CARB's then-current and latest approved version of the EMFAC
model for estimating emissions from on-road vehicles operating in
California and are rounded up to the nearest whole number. The budgets
in the Plan reflect updated VMT estimates from the NCTC 2015-2035
Regional Transportation Plan, adopted by NCTC in January 2018, which
are lower than the conservative estimate of on-road emissions in the
emissions inventory. Given the use of updated travel data and CARB's
convention of rounding emissions up to the next tenth (0.1), there are
some differences between the budgets and the emissions inventories in
the Plan for the RFP and attainment demonstrations. CARB's addendum to
the technical clarification memorandum dated October 27, 2020 indicates
that the differences are quite small (VOC: 0.55 tpd; NOX:
0.26 tpd) and do not impact the RFP or attainment demonstrations.\122\
The conformity budgets for NOX and VOC in the Plan for the
Western Nevada County area are provided in Table 5 below.
---------------------------------------------------------------------------

    \122\ This is addressed in more detail in our memorandum for the
budgets, as detailed in Section III.G.3.

 Table 5--Transportation Conformity Budgets for 2020 for the 2008 Ozone
                     NAAQS in Western Nevada County
                    [Summer planning inventory, tpd]
------------------------------------------------------------------------
                                                       2020
                                         -------------------------------
                                                VOC             NOX
------------------------------------------------------------------------
Motor vehicle emissions budget..........             0.8             1.7
------------------------------------------------------------------------
Source: Table 7 of the 2018 Western Nevada County Ozone Plan.

3. The EPA's Review of the State's Submission
    As part of our review of the approvability of the budgets in the
2018 Western Nevada County Ozone Plan, we have evaluated the budgets
using our adequacy criteria in 40 CFR 93.118(e)(4) and (5). We will
complete the adequacy review concurrent with our final action on the
2018 Western Nevada County Ozone Plan. The transportation conformity
rule does not require the EPA to find budgets adequate prior to
proposing approval of them.\123\ Today, the EPA is announcing the
beginning of the adequacy process for these budgets, and the public has
30 days to comment on their adequacy, per the transportation conformity
regulation at 40 CFR 93.118(f)(2)(i) and (ii).
---------------------------------------------------------------------------

    \123\ Under the transportation conformity regulations, the EPA
may review the adequacy of submitted motor vehicle emission budgets
simultaneously with the EPA's approval or disapproval of the
submitted implementation plan. 40 CFR 93.118(f)(2).
---------------------------------------------------------------------------

    As documented in a separate memorandum included in the docket for

this rulemaking, we preliminarily conclude that the budgets in the 2018
Western Nevada County Ozone Plan meet each adequacy criterion.\124\
While adequacy and approval are two separate actions, reviewing the
budgets in terms of the adequacy criteria informs the EPA's decision to
propose to approve the budgets. We have completed our detailed review
of the 2018 Western Nevada County Ozone Plan and are proposing herein
to approve the SIP's attainment and RFP demonstrations. We have also
reviewed the budgets in the 2018 Western Nevada County Ozone Plan and
found that they are consistent with the attainment and RFP
demonstrations for which we are proposing approval, are based on
control measures that have already been adopted and implemented, and
meet all other applicable statutory and regulatory requirements
including the adequacy criteria in 40 CFR 93.1118(e)(4) and (5).
Therefore, we are proposing to find adequate and approve the 2020
budgets in the 2018 Western Nevada County Ozone Plan (and shown in
Table 5, above). If we finalize our adequacy determination and approval
of the budgets for the 2008 ozone NAAQS in the Plan as proposed, then
they will be approved for use in transportation conformity
determinations.
---------------------------------------------------------------------------

    \124\ Memorandum dated December 4, 2020, from Khoi Nguyen, Air
Planning Office, EPA Region 9, to the docket for this proposed
rulemaking, titled ``Adequacy Documentation for Plan Motor Vehicle
Emission Budgets in 2018 Western Nevada County Ozone Plan.''
---------------------------------------------------------------------------

    Under our transportation conformity rule, as a general matter, once
budgets are approved, they cannot be superseded by revised budgets
submitted for the same CAA purpose and the same period of years
addressed by the previously approved SIP until the EPA approves the
revised budgets as a SIP revision. In other words, as a general matter,
such approved budgets cannot be superseded by revised budgets found
adequate, but rather only through approval of the revised budgets,
unless the EPA specifies otherwise in its approval of a SIP by limiting
the duration of the approval to last only until subsequently submitted
budgets are found adequate.\125\
---------------------------------------------------------------------------

    \125\ 40 CFR 93.118(e)(1).
---------------------------------------------------------------------------

    In this instance, CARB originally requested that we limit the
duration of our approval of the budgets in the 2018 Western Nevada
County Ozone Plan only until the effective date of the EPA's adequacy
finding for any subsequently submitted budgets.\126\ However, in an
email dated August 17, 2020, CARB indicated its decision to no longer
request limited approval of the budgets for Western Nevada.\127\
---------------------------------------------------------------------------

    \126\ CARB's request to limit the duration of the approval of
the Western Nevada County ozone budgets is contained in a letter
dated December 2, 2018, from Richard Corey, Executive Officer, CARB,
to Mike Stoker, Regional Administrator, EPA Region IX.
    \127\ See email dated August 17, 2020 from Nesamani Kalandiyur,
CARB, to EPA Region 9.
---------------------------------------------------------------------------

H. Other Clean Air Act Requirements Applicable to Serious Ozone
Nonattainment Areas

    In addition to the SIP requirements discussed in the previous
sections, the CAA includes certain other SIP requirements applicable to
Serious ozone nonattainment areas, such as Western Nevada County. We
describe these provisions and their current status below for
informational purposes only.
1. Enhanced Vehicle Inspection and Maintenance Programs
    Section 182(c)(3) of the CAA requires states with ozone
nonattainment areas classified under subpart 2 as Serious or above to
implement an enhanced motor vehicle I/M program in each urbanized area
within the nonattainment area, as defined by the Bureau of the Census,
with a 1980 population of 200,000 or more. The requirements for those
programs are provided in CAA section 182(c)(3) and 40 CFR part 51,
subpart S.
    Consistent with the 2008 Ozone SRR, no new I/M programs are
currently required for nonattainment areas for the 2008 ozone
NAAQS.\128\ Further, because there are no urbanized areas in Nevada
County, the Western Nevada County nonattainment area is not required to
implement an enhanced I/M program. Nevada County has had a basic smog
check program in place since 1998.\129\
---------------------------------------------------------------------------

    \128\ 2008 Ozone SRR, 80 FR 12264, 12283 (March 6, 2015).
    \129\ 2018 Western Nevada County Ozone Plan, page 50.
---------------------------------------------------------------------------

2. New Source Review Rules
    Section 182(a)(2)(C) of the CAA requires states to develop SIP
revisions containing permit programs for each of its ozone
nonattainment areas. The SIP revisions are to include requirements for
permits in accordance with CAA sections 172(c)(5) and 173 for the
construction and operation of each new or modified major stationary
source for VOC and NOX anywhere in the nonattainment area.
The 2008 Ozone SRR includes provisions and guidance for nonattainment
NSR programs.\130\
---------------------------------------------------------------------------

    \130\ 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------

    The 2018 Western Nevada County Ozone Plan cites District Rule 428,
``New Source Review Requirements for New and Modified Major Sources in
Federally Designated Non-attainment Areas,'' as amended by the District
on June 27, 2016, as the rule that meets Serious area requirements for
nonattainment NSR.\131\ Since the Plan's submittal, the District
rescinded the previously adopted Rule 428 and concurrently adopted a
new Rule 428, ``NSR Requirements for New and Modified Major Sources in
Nonattainment Areas,'' on November 25, 2019. The rule was submitted to
the EPA on February 19, 2020. We approved this version of Rule 428 into
the SIP on November 20, 2020.\132\
---------------------------------------------------------------------------

    \131\ 2018 Western Nevada County Ozone Plan, 40.
    \132\ 85 FR 74263 (November 20, 2020).
---------------------------------------------------------------------------

3. Clean Fuels Fleet Program
    Sections 182(c)(4)(A) and 246 of the CAA require California to
submit to the EPA for approval into the SIP measures to implement a
Clean Fuels Fleet Program. Section 182(c)(4)(B) of the CAA allows
states to opt out of the federal clean-fuel vehicle fleet program by
submitting a SIP revision consisting of a program or programs that will
result in at least equivalent long-term reductions in ozone precursors
and toxic air emissions.
    In 1994, CARB submitted a SIP revision to the EPA to opt out of the
federal clean-fuel fleet program. The submittal included a
demonstration that California's low-emissions vehicle program achieved
emissions reductions at least as large as would be achieved by the
federal program. The EPA approved the SIP revision to opt out of the
federal program on August 27, 1999.\133\ There have been no changes to
the federal Clean Fuels Fleet program since the EPA approved the
California SIP revision to opt out of the federal program, and thus, no
corresponding changes to the SIP are required. Thus, we find that the
California SIP revision to opt out of the federal program, as approved
in 1999, meets the requirements of CAA sections 182(c)(4)(A) and 246
for Western Nevada County for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \133\ 64 FR 46849 (August 27, 1999).
---------------------------------------------------------------------------

4. Gasoline Vapor Recovery
    Section 182(b)(3) of the CAA requires states to submit a SIP
revision by November 15, 1992, that requires owners or operators of
gasoline dispensing systems to install and operate gasoline vehicle
refueling vapor recovery (``Stage II'') systems in ozone nonattainment
areas classified as Moderate and above. California's ozone
nonattainment areas implemented Stage

II vapor recovery well before the passage of the CAA Amendments of
1990.\134\
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    \134\ General Preamble, 57 FR 13498 at 13514 (April 16, 1992).
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    Section 202(a)(6) of the CAA requires the EPA to promulgate
standards requiring motor vehicles to be equipped with onboard
refueling vapor recovery (ORVR) systems. The EPA promulgated the first
set of ORVR system regulations in 1994 for phased implementation on
vehicle manufacturers, and since the end of 2006, essentially all new
gasoline-powered light and medium-duty vehicles are ORVR-equipped.\135\
Section 202(a)(6) also authorizes the EPA to waive the SIP requirement
under CAA section 182(b)(3) for installation of Stage II vapor recovery
systems after such time as the EPA determines that ORVR systems are in
widespread use throughout the motor vehicle fleet. Effective May 16,
2012, the EPA waived the requirement of CAA section 182(b)(3) for Stage
II vapor recovery systems in ozone nonattainment areas regardless of
classification.\136\ Thus, a SIP submittal meeting CAA section
182(b)(3) is not required for the 2008 ozone NAAQS.
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    \135\ 77 FR 28772, at 28774 (May 16, 2012).
    \136\ See 40 CFR 51.126(b).
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    While a SIP submittal meeting CAA section 182(b)(3) is not required
for the 2008 ozone NAAQS, under California State law (i.e., Health and
Safety Code section 41954), CARB is required to adopt procedures and
performance standards for controlling gasoline emissions from gasoline
marketing operations, including transfer and storage operations. State
law also authorizes CARB, in cooperation with local air districts, to
certify vapor recovery systems, to identify defective equipment and to
develop test methods. CARB has adopted numerous revisions to its vapor
recovery program regulations and continues to rely on its vapor
recovery program to achieve emissions reductions in ozone nonattainment
areas in California.
    In Western Nevada County, the installation and operation of CARB-
certified vapor recovery equipment is required and enforced through
NSAQMD Rule 215, ``Phase II Vapor Recovery System Requirements,'' which
was most recently approved into the SIP on July 26, 2011.\137\
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    \137\ 76 FR 44493 (July 26, 2011).
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5. Enhanced Ambient Air Monitoring
    Section 182(c)(1) of the CAA requires that all ozone nonattainment
areas classified as Serious or above implement measures to enhance and
improve monitoring for ambient concentrations of ozone, NOX,
and VOC, and to improve monitoring of emissions of NOX and
VOC. The enhanced monitoring network for ozone is referred to as the
Photochemical Assessment Monitoring Station (PAMS) network. The EPA
promulgated final PAMS regulations on February 12, 1993.\138\
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    \138\ 58 FR 8452 (February 12, 1993).
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    Prior to 2006, the EPA's ambient air monitoring regulations in 40
CFR part 58, ``Ambient Air Quality Surveillance,'' set forth specific
SIP requirements (see former 40 CFR 52.20). In 2006, the EPA
significantly revised and reorganized 40 CFR part 58.\139\ Under
revised 40 CFR part 58, SIP revisions are no longer required; rather,
compliance with EPA monitoring regulations is established through
review of required annual monitoring network plans.\140\ The 2008 Ozone
SRR made no changes to these requirements.\141\
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    \139\ 71 FR 61236 (October 17, 2006).
    \140\ 40 CFR 58.2(b) now provides ``The requirements pertaining
to provisions for an air quality surveillance system in the SIP are
contained in this part.''
    \141\ The 2008 ozone SRR addresses PAMS-related requirements at
80 FR 12264, at 12291 (March 6, 2015).
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    The 2018 Western Nevada County Ozone Plan does not specifically
address the enhanced ambient air monitoring requirement in CAA section
182(c)(1). However, we note that CARB includes the ambient monitoring
network within Western Nevada County, in its annual monitoring network
plan that is submitted to the EPA, and that we have approved the most
recent annual monitoring network plan (``Annual Network Plan Covering
Monitoring Operations in 25 California Air Districts, July 2020'' or
``2020 ANP'') with respect to Western Nevada County.\142\ In addition,
CARB has fulfilled the requirement under 40 CFR part 58, Appendix D,
section 5(h), to submit an enhanced monitoring plan for Western Nevada
County.\143\ Based on our review and approval of the 2020 ANP with
respect to Western Nevada County and CARB's submittal of an enhanced
monitoring plan for Western Nevada County, we propose to find that CARB
and the NSAQMD meet the enhanced monitoring requirements under CAA
section 182(c)(1) for Western Nevada County with respect to the 2008
ozone NAAQS.
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    \142\ Letter dated November 5, 2020, from Gwen Yoshimura,
Manager, Air Quality Analysis Office, EPA Region IX, to Ravi
Ramalingam, Chief, Consumer Products and Air Quality Assessment
Branch, Air Quality Planning and Science Division, CARB.
    \143\ Letter dated November 9, 2020, from Dr. Michael T.
Benjamin, Chief, Air Quality Planning and Science Division, CARB, to
Meredith Kurpius, Assistant Director, EPA Region 9, enclosing the
``2020 Monitoring Network Assessment (October 2020).'' The
assessment includes a five-year network assessment and an updated
enhanced monitoring plan, as required by 40 CFR 58, Appendix D,
Section 5(a).
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IV. Proposed Action

    For the reasons discussed in this notice, under CAA section
110(k)(3), the EPA is proposing to approve as a revision to the
California SIP the following portions of the 2018 Western Nevada County
Ozone Plan submitted by CARB on December 2, 2018:
     Base year emissions inventory element as meeting the
requirements of CAA sections 172(c)(3) and 182(a)(1) and 40 CFR 51.1115
for the 2008 ozone NAAQS;
     RACM demonstration element as meeting the requirements of
CAA section 172(c)(1) and 40 CFR 51.1112(c) for the 2008 ozone NAAQS;
     Attainment demonstration element for the 2008 ozone NAAQS
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1108;
     ROP demonstration element as meeting the requirements of
CAA 182(b)(1) and 40 CFR 51.1110(a)(4)(i) for the 2008 ozone NAAQS;
     RFP demonstration element as meeting the requirements of
CAA sections 172(c)(2), 182(b)(1), and 182(c)(2)(B), and 40 CFR
51.1110(a)(4)(iii) for the 2008 ozone NAAQS;
     Motor vehicle emissions budgets for the RFP milestone and
attainment year of 2020 (see Table 5) because they are consistent with
the RFP and attainment demonstrations for the 2008 ozone NAAQS proposed
for approval herein and meet the other criteria in 40 CFR 93.118(e);
    We are also proposing to find that the:
     California SIP revision to opt-out of the federal Clean
Fuels Fleet Program meets the requirements of CAA sections 182(c)(4)(A)
and 246 and 40 CFR 51.1102 for the 2008 ozone NAAQS with respect to
Western Nevada County; and
     Requirements for enhanced monitoring under CAA section
182(c)(1) and 40 CFR 51.1102 for Western Nevada County for the 2008
ozone NAAQS have been met.
    In addition, we are proposing, under CAA section 110(k)(4), to
approve conditionally the contingency measures element of the 2018
Western Nevada County Ozone Plan as meeting the requirements of CAA
sections 172(c)(9) and 182(c)(9) for RFP and attainment contingency
measures. Our proposed approval is based on commitments by the District
and CARB to supplement the element through submission, as a SIP
revision (within one year of our

final conditional approval action), of a new District rule that would
add new limits or other requirements if an RFP milestone is not met or
if Western Nevada County fails to attain the 2008 ozone NAAQS by the
applicable attainment date.

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 proposed action merely proposes to approve, or
conditionally approve, state plans as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 disproportionate human health or environmental effects with
practical, appropriate, 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 proposed 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).

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: December 21, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-28885 Filed 1-11-21; 8:45 am]
BILLING CODE 6560-50-P