[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Proposed Rules]
[Pages 55402-55405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19766]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0322; FRL-9950-95-Region 9]
Approval and Limited Approval and Limited Disapproval of
California State Implementation Plan Revisions; Butte County Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a
limited approval and limited disapproval of revisions to the Butte
County Air Quality Management District (BCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern the
District's New Source Review (NSR) permitting program for new and
modified sources of air pollution. We are proposing action on these
local rules under the Clean Air Act as amended in 1990 (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.
DATES: Any comments must arrive by September 19, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R09-
OAR-2016-0332] at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not
[[Page 55403]]
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3534, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
Definitions
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The initials CARB mean or refer to the California Air
Resources Board.
(iii) The initials CFR mean or refer to Code of Federal
Regulations.
(iv) The initials or words EPA, we, us or our mean or refer to the
United States Environmental Protection Agency.
(v) The initials FR mean or refer to Federal Register.
(vi) The word or initials BCAQMD or District mean or refer to the
Butte County Air Quality Management District.
(vii) The initials NAAQS mean or refer to National Ambient Air
Quality Standards.
(viii) The initials NSR mean or refer to New Source Review.
(ix) The initials PM10 mean or refer to particulate matter with an
aerodynamic diameter of less than or equal to 10 micrometers (coarse
particulate matter).
(x) The initials PM2.5 mean or refer to particulate matter with an
aerodynamic diameter of less than or equal to 2.5 micrometers (fine
particulate matter).
(xi) The initials SIP mean or refer to State Implementation Plan.
(xii) The initials TSD mean or refer to the technical support
document for this action.
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal, including the
dates they were adopted by BCAQMD and submitted by CARB, which is the
governor's designee for California SIP submittals.
Table 1--Submitted Rules
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Rule No. Rule title Adopted date Submitted date
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400................... Permit 04/24/14 11/06/14
Requirements.
401................... Permit 04/24/14 11/06/14
Exemptions.
432................... Federal New 04/24/14 11/06/14
Source Review.
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On December 18, 2014, EPA determined that the submittal of these
rules met the completeness criteria in 40 CFR part 51 Appendix V, which
must be met before formal EPA review.
B. Are there other versions of these rules?
There is no previous version of Rule 432 in the SIP; EPA approved
previous versions of the rules to be replaced by Rules 400 and 401 into
the SIP as indicated in Table 2.
Table 2--SIP Approved Rules
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SIP approval
Rule No. Rule title date Federal Register Citation
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4-4.............................. Exemptions from Permit 05/31/72 37 FR 10856
Requirement.
401.............................. General Requirements........ 02/03/87 52 FR 3226
402.............................. Authority to Construct...... 02/03/87 52 FR 3226
403.............................. Permit to Operate........... 5/2/01 66 FR 21875
405.............................. Permit Conditions........... 05/31/72 37 FR 10856
406.............................. Emission Calculations....... 02/03/87 52 FR 3226
407.............................. Anniversary Date............ 02/03/87 52 FR 3226
420.............................. Standards for Granting 02/03/87 52 FR 3226
Applications.
421.............................. Conditional Approval........ 02/03/87 52 FR 3226
424.............................. State Implementation Plan... 5/2/01 66 FR 21875
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EPA's approval of Rule 401 would have the effect of entirely
superseding our prior approval of Rule 4-4 in the SIP. Likewise,
approval of Rules 400 and 432 will have the effect of entirely
superseding our prior SIP approval of Rules 401, 402, 403, 405, 406,
407, 420, 421 and 424.
C. What is the purpose of the submitted rules?
Section 110(a) of the CAA requires states to submit regulations
that include a pre-construction permit program for certain new or
modified stationary sources of pollutants, including a permit program
as required by Part D of Title I of the CAA.
The purpose of District Rule 400 (Permit Requirements), Rule 401
(Permit Exemptions) and Rule 432 (Federal New Source Review) is to
implement a federal preconstruction permit program for all new and
modified minor sources,
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and new and modified major sources of NAAQS pollutants for which the
area is designated nonattainment. BCAQMD is currently designated as a
nonattainment area for the 2008 8-hr ozone and 2006 24-hr
PM2.5 NAAQS. We present our evaluation under the CAA and
EPA's regulations of the amended NSR rules submitted by CARB, as
identified in Table 1, and provide our reasoning in general terms below
and in more detail in our TSD, which is available in the docket for
this proposed rulemaking.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
The submitted rules must meet the CAA's general requirements for
SIPs and SIP revisions in CAA sections 110(a)(2), 110(l), and 193, as
well as the applicable requirements contained in part D of title I of
the Act (sections 172, 173, 182(a) and 189(e)) for a nonattainment NSR
permit program. In addition, the submitted rules must contain the
applicable regulatory provisions required by 40 CFR 51.160-51.165 and
40 CFR 51.307.
Among other things, section 110 of the Act requires that SIP rules
be enforceable and provides that EPA may not approve a SIP revision if
it would interfere with any applicable requirements concerning
attainment and reasonable further progress or any other requirement of
the CAA. In addition, section 110(a)(2) and section 110(l) of the Act
require that each SIP or revision to a SIP submitted by a State must be
adopted after reasonable notice and public hearing.
Section 110(a)(2)(C) of the Act requires each SIP to include a
permit program to regulate the modification and construction of any
stationary source within the areas covered by the SIP as necessary to
assure attainment and maintenance of the NAAQS. EPA's regulations at 40
CFR 51.160-51.164 provide general programmatic requirements to
implement this statutory mandate commonly referred to as the ``minor
NSR'' or ``general NSR'' permit program. These NSR program regulations
impose requirements for SIP approval of State and local programs that
are more general in nature as compared to the specific statutory and
regulatory requirements for nonattainment NSR permitting programs under
Part D of title I of the Act.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), including
preconstruction permit requirements for new major sources and major
modifications proposing to construct in nonattainment areas (section
173). Part D of title I of the Act also includes section 182(a), which
contains the additional requirements for areas designated as a marginal
ozone nonattainment area, and section 189(e), which requires the
control of major stationary source of PM10 precursors (and
hence PM2.5 precursors) ``except where the Administrator
determines that such sources do not contribute significantly to
PM10 [and PM2.5] levels which exceed the standard
in the area.'' Additionally, 40 CFR 51.165 sets forth EPA's regulatory
requirements for SIP-approval of a nonattainment NSR permit program and
40 CFR 51.165(a)(13) contains specific requirements for regulating
sources emitting PM2.5.
The protection of visibility requirements that apply to NSR
programs are contained in 40 CFR 51.307. This provision requires that
certain actions be taken in consultation with the local Federal Land
Manager if a new major source or major modification may have an impact
on visibility in any mandatory Class I Federal Area.
Section 110(l) of the Act prohibits EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the CAA. Section 193 of the Act, which
only applies in nonattainment areas, prohibits the modification of a
SIP-approved control requirement in effect before November 15, 1990, in
any manner unless the modification insures equivalent or greater
emission reductions of such air pollutant.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
B. Do the rules meet the evaluation criteria?
EPA has reviewed the submitted rules in accordance with the rule
evaluation criteria described above. With respect to procedures, based
on our review of the public process documentation included in the
November 6, 2014 submittal, we are proposing to approve the submitted
rules in part because we have determined that BCAQMD has provided
sufficient evidence of public notice and opportunity for comment and
public hearings prior to adoption and submittal of these rules, in
accordance with the requirements of CAA sections 110(a)(2) and 110(l).
With respect to substantive requirements, we have reviewed the
submitted rules in accordance with the evaluation criteria discussed
above. We are proposing to approve Rules 400 and 401 as part of
BCAQMD's general NSR permitting program because we have determined that
these rules satisfy the substantive statutory and regulatory
requirements for a general NSR permit program as contained in CAA
section 110(a)(2)(C) and 40 CFR 51.160-51.164.
In addition, we are proposing a limited approval of Rule 432
because we have determined that Rule 432 satisfies all of the statutory
and regulatory requirements for a nonattainment NSR permit program as
set forth in the applicable provisions of part D of title I of the Act
(sections 172, 173 and 182(a)) and in 40 CFR 51.165 and 40 CFR 51.307.
We are also proposing a limited disapproval of Rule 432 because we
have determined that the rule does not fully satisfy CAA section 189(e)
requirements for regulation of PM2.5 precursors. The rule
does not specify ammonia as a PM2.5 precursor and the
demonstration provided by Butte County as part of their NSR program
submittal is not adequate to allow the Administrator to determine
whether potential new major sources and major modifications of ammonia
emissions will not contribute significantly to PM2.5 levels
that exceed the standard in the area. Our TSD for this action contains
additional information regarding our proposed limited disapproval.
EPA is also proposing to find that it is acceptable for BCAQMD to
not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR
permit program because BCAQMD's permitting program will not be any less
stringent than the federal permitting program. In addition, EPA is
proposing to find that Rules 400, 401 and 432 meet the statutory
requirements for SIP revisions as specified in sections 110(l) and 193
of the CAA.
Please see our TSD for more information regarding our evaluation of
Rules 400, 401 and 432.
C. Proposed Action and Public Comment
As authorized by CAA section 110(k)(3) and 301(a), we are proposing
approval of Rule 400 (Permit Requirements) and Rule 401 (Permit
Exemptions), and we are proposing limited approval and limited
disapproval of Rule 432 (Federal New Source Review) into the BCAQMD
portion of the California SIP. If finalized, this action will
incorporate the submitted rules into the SIP, including those
provisions identified as
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deficient.\1\ The approval of Rule 432 is limited because EPA is
simultaneously proposing a limited disapproval of Rule 432 under
section 110(k)(3). If this limited disapproval is finalized, it will
trigger sanctions under CAA section 179 and 40 CFR 52.31 unless the EPA
approves subsequent SIP revisions that correct the rule deficiencies
within 18 months of the effective date of the final action.
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\1\ If this proposed rule is finalized, Butte County Rules 400,
401 and 432, will supersede the existing SIP approved rules listed
in Table 2.
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Note that Rule 432 has been adopted by the BCAQMD, and the EPA's
final limited disapproval would not prevent the local agency from
enforcing it. The limited disapproval also would not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.
We will accept comments from the public on the proposed limited
approval and limited disapproval for the next 30 days.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to finalize the
incorporation by reference the BCAQMD rules described in Table 1 of
this preamble. The EPA has made, and will continue to make, these
materials available electronically through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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 PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action 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 beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (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. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
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: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental 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 does not impose additional
requirements beyond those imposed by state law.
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 (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New Source Review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 9, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-19766 Filed 8-18-16; 8:45 am]
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