[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36803-36805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13491]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0300; FRL-9947-35-Region 9]
Completeness Findings for 110(a)(2)(C) State Implementation Plan
Pertaining to the Fine Particulate Matter (PM2.5) NAAQS; California; El
Dorado County Air Quality Management District and Yolo-Solano Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making a finding
that the State of California has made a complete New Source Review
(NSR) State Implementation Plan (SIP) submission for the El Dorado
County Air Quality Management District (EDCAQMD) to address the
permitting of emissions of particulate matter 2.5 micrometers ([mu]m)
in diameter and smaller (PM2.5) from major sources in areas
designated nonattainment for the 2006 PM2.5 National Ambient
Air Quality Standards (NAAQS), as required by the Clean Air Act (CAA).
In addition, the EPA is making a finding that the State of California
has not made the necessary NSR SIP submission for the Yolo-Solano Air
Quality Management District (YSAQMD) to address the permitting of
PM2.5 emissions from major sources in areas designated
nonattainment for the 2006 PM2.5 NAAQS, as required by the
EPA no later than December 31, 2014. The EPA is making these findings
in accordance with section 110 and part D of Title I of the CAA.
DATES: The effective date of this rule is July 8, 2016.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Air Division (Air-3),
Environmental Protection Agency, Region 9, 75 Hawthorne St., San
Francisco, CA 94105; telephone (415) 972-3534; email
[email protected].
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary,
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. The EPA has
determined that there is good cause for making this rule final without
prior proposal and opportunity for comment because no significant EPA
judgment is involved in making a finding of failure to submit SIPs, or
elements of SIPs, required by the CAA, where states have made no
submissions to meet the requirement by the statutory date. No
additional fact gathering is necessary. Thus, notice and public
procedure are unnecessary. The EPA finds this constitutes good cause
under 5 U.S.C. 553(b)(B).
Throughout this document wherever ``we,'' ``us,'' or ``our'' is
used, we mean the EPA.
Table of Contents
I. Background and Overview
A. Relevant PM2.5 NAAQS
B. Revisions to the NSR Program To Implement the 2006
PM2.5 NAAQS
II. This Action
A. Completeness Determination
B. Finding of Failure To Submit
III. Statutory and Executive Order Reviews
I. Background and Overview
A. Relevant PM2.5 NAAQS
On October 17, 2006, the EPA promulgated revisions to the NAAQS for
PM2.5 with an effective date of December 18, 2006 (71 FR
61144). With these revisions, the EPA lowered the 24-hour NAAQS for
PM2.5 from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and retained the
existing annual PM2.5 NAAQS of 15 [mu]g/m\3\. The EPA
promulgated designations for the 2006 PM2.5 NAAQS that
became effective on December 14, 2009, which designated certain areas
within the jurisdiction of EDCAQMD and YSAQMD as nonattainment for the
2006 PM2.5 NAAQS (74 FR 58688, Nov. 13, 2009).
B. Revisions to the NSR Program To Implement the 2006 PM2.5 NAAQS
To implement the PM2.5 NAAQS for NSR purposes, the EPA
issued a final rule that established the NSR permitting requirements
for PM2.5, entitled Implementation of the New Source Review
(NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5),
on May 16, 2008 (73 FR 28321). Among other things, the final rule
[[Page 36804]]
amended the NSR regulations to establish the minimum elements for state
and local agencies implementing a nonattainment NSR program for major
sources for the PM2.5 NAAQS. The final rule required states
to submit SIP revisions to address these requirements to the EPA by
July 15, 2011.
In 2013, certain provisions of EPA's May 16, 2008 final rule were
affected by a judicial decision, Natural Resources Defense Council
(NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013), in which the U.S. Court
of Appeals for the D.C. Circuit determined that the EPA must regulate
PM2.5 in nonattainment areas under the particulate-matter-
specific provisions of subpart 4 of part D of Title I of the CAA. As a
partial response to this judicial decision, the EPA finalized a
rulemaking on June 2, 2014 which, among other things, set a new date of
December 31, 2014 for states to submit SIP revisions to address
applicable nonattainment SIP requirements for PM2.5,
pursuant to subpart 4 of part D of Title I of the CAA. 79 FR 31566.
Accordingly, states are required to have submitted all elements of a
nonattainment NSR SIP for the 2006 PM2.5 NAAQS to the EPA by
no later than December 31, 2014.
II. This Action
A. Completeness Determination
The EPA is making a finding that the State of California submitted
an NSR SIP revision for EDCAQMD to address NSR requirements for major
sources in nonattainment areas for purposes of the 2006
PM2.5 NAAQS on March 21, 2016, which the EPA determined met
the completeness criteria in 40 CFR part 51, appendix V, on March 30,
2016. This completeness finding establishes a 12-month deadline for EPA
to take action upon such SIP submission in accordance with section
110(k).
B. Finding of Failure To Submit
The EPA is making a finding that, as of the date of signature for
this document, the State of California has failed to submit the
required NSR program SIP revision for YSAQMD to address NSR
requirements for major sources in nonattainment areas for purposes of
the 2006 PM2.5 NAAQS as required by December 31, 2014. This
action will be effective on July 8, 2016.
If the EPA finds that a state has failed to make a required SIP
submission or that a submitted SIP submission is incomplete for
elements of a part D, Title I plan for nonattainment areas as required
under section 110(a)(2)(I), then CAA section 179(a) establishes
specific consequences, including the imposition of mandatory sanctions
for the affected area. Additionally, such a finding triggers an
obligation under CAA section 110(c) for the EPA to promulgate a Federal
Implementation Plan (FIP) no later than 2 years from the effective date
of such finding of failure to submit, if the affected state has not
submitted, and the EPA has not approved, the required SIP submission
before that date.
In this case, if the EPA has not affirmatively determined that the
State of California has made the required complete NSR program SIP
submission for YSAQMD to address NSR requirements for major sources in
nonattainment areas for purposes of the 2006 PM2.5 NAAQS
within 18 months of the effective date of this rulemaking, then,
pursuant to CAA section 179(a) and (b) and 40 CFR 52.31, the offset
sanction identified in CAA section 179(b)(2) will apply in the affected
nonattainment areas. In addition, if the EPA has not affirmatively
determined that the State has made such a complete submission within 6
months after the offset sanction is imposed, then the highway funding
sanction will apply in the affected nonattainment areas, in accordance
with CAA section 179(b)(1) and 40 CFR 52.31. The sanctions will not
take effect, if, within 18 months after the effective date of this
finding of failure to submit, the EPA finds that the State has made a
complete SIP submission addressing the deficiency for which the finding
was made. Additionally, if the State makes the required SIP submission
and the EPA takes final action to approve the submission within 2 years
of the effective date of this finding, the EPA is not required to
promulgate a FIP for the affected nonattainment areas per CAA section
110(c).
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit nonattainment NSR SIPs for major sources to satisfy certain NSR
requirements under the CAA for the PM2.5 NAAQS.
C. Regulatory Flexibility Act (RFA)
I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
relates to the requirement in the CAA for states to submit
nonattainment NSR SIPs for major sources to satisfy certain NSR
requirements of the CAA for the PM2.5 NAAQS.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This rule addresses the requirement in the CAA
for states to submit nonattainment NSR SIPs for major sources to
satisfy certain NSR requirements under the CAA for the PM2.5
NAAQS. No tribe is subject to this requirement. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it provides EPA's finding that the State of California has
failed to make a submission for YSAQMD that is required under the CAA
to implement the PM2.5 NAAQS, and does not directly or
disproportionately affect children.
[[Page 36805]]
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. In finding that the State of California has
failed to submit a SIP to address certain basic permitting requirements
for the PM2.5 NAAQS, for YSAQMD, this action does not
directly affect the level of protection provided for human health or
the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 26, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-13491 Filed 6-7-16; 8:45 am]
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