[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Proposed Rules]
[Pages 91895-91898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30327]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0621; FRL-9956-96-Region 9]
Revisions to the California State Implementation Plan; Imperial
County Air Pollution Control District; Stationary Sources Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on revisions to the Imperial County Air Pollution Control District
(ICAPCD or District) portion of the California State Implementation
Plan (SIP). We are proposing full approval of two rules and a limited
approval and limited disapproval of one rule. All three rules update
and revise the District's New Source Review (NSR) permitting program
for new and modified sources of air pollution. We are taking comments
on this proposal and plan to follow with a final action.
DATES: Any comments must arrive by January 18, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0621 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 edited or removed 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 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. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Proposed Action
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 ICAPCD or District mean or refer to the
Imperial County Air Pollution Control District, the agency with
jurisdiction over stationary sources within Imperial County.
[[Page 91896]]
(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 ICAPCD and submitted by CARB, which is the
governor's designee for California SIP submittals.
Table 1--Submitted Rules
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Local agency Rule No. Rule title Adopted/revised Submitted
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ICAPCD............................. 204 Applications......... 9/14/99 05/26/00
ICAPCD............................. 206 Processing of 10/22/13 02/10/14
Applications.
ICAPCD............................. 207 New and Modified 10/22/13 1/21/14
Stationary Source
Review.
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On April 9, 2014 and March 7, 2014, EPA determined that the
submittals for ICAPCD Rules 206 and 207, respectively, met the
completeness criteria in 40 CFR part 51 Appendix V. The submittal for
ICAPCD Rule 204 was deemed by operation of law to meet the completeness
criteria in 40 CFR part 51 Appendix V as of October 6, 2000. The
completeness criteria in 40 CFR part 51, Appendix V must be met before
formal EPA review.
B. Are there other versions of these rules?
There is no previous version of Rule 204 in the SIP; EPA approved
previous versions of Rules 206 and 207 into the SIP on January 3, 2007
(72 FR 9) and November 10, 1980 (45 FR 74480), respectively.\1\ Section
D.1.a of submitted Rule 207 is contained in SIP-approved Rule 209
(Implementation Plans), which was also approved on November 10,
1980.\2\
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\1\ EPA disapproved subparagraph C.5 of SIP-approved Rule 207
because it exempted some sources from the requirement to apply LAER.
See 40 CFR 52.233(a)(1).
\2\ EPA's approval of Rule 206 would supersede our prior
approval of Rule 206 in the SIP. Likewise, approval of Rule 207
would supersede our prior approval of SIP-approved Rules 207 and 209
and will supersede our prior disapproval of Rule 207, subparagraph
C.5 and our Part D conditional approval. We intend to make
conforming changes to the regulatory text codified in 40 CFR 52.220,
40 CFR 52.232 and 40 CFR 52.233.
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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 204 (Applications), Rule 206
(Processing of Applications) and Rule 207 (New and Modified Stationary
Source Review) is to implement a federal preconstruction permit program
for new and modified minor sources of criteria pollutants and new and
modified major sources of criteria pollutants for which the area is
designated nonattainment. Imperial County is currently designated as a
moderate nonattainment area for the 2008 8-hr ozone NAAQS.\3\ Portions
of the county are designated as a serious nonattainment area for the
1987 24-hr PM10 NAAQS, as a moderate nonattainment area for
the 2006 24-hr PM2.5 NAAQS and as a moderate nonattainment
area for the 2012 annual 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 a more detailed analysis in our TSD, which
is available in the docket for this proposed rulemaking.
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\3\ Effective March 14, 2008 (73 FR 8209, February 13, 2008),
the EPA reclassified Imperial County to a moderate ozone
nonattainment area for the 1997 ozone NAAQS. In 2012, EPA designated
Imperial County as a nonattainment area for the 2008 ozone NAAQS and
classified the area as marginal. 77 FR 30088 (May 21, 2012). The SIP
submittal that EPA is now evaluating via this proposal addresses the
NNSR requirement for the Imperial County ozone nonattainment area
for a moderate classification under the 1997 ozone NAAQS as well as
a marginal classification under the 2008 ozone NAAQS.
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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, and 173) for a nonattainment NSR permit program.
In addition, the submitted rules must contain the applicable regulatory
provisions of 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(b), which
contains the additional requirements for areas designated as a moderate
ozone nonattainment area, and section 189(e), which requires the
control of major stationary sources of PM10 precursors (and
hence PM2.5 precursors) ``except
[[Page 91897]]
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.
The protection of visibility requirements that apply to New Source
Review 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 May
26, 2000, January 21, 2014, and February 10, 2014 submittals, we are
proposing to approve the submitted rules in part because we have
determined that ICAPCD 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 evaluation criteria discussed above.
We are proposing to approve Rules 204 and 206 as part of ICAPCD's
general NSR permitting program because we have determined that these
rules, together with Rule 207, 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/limited
disapproval of Rule 207. We are proposing a limited approval because we
have determined that Rule 207 (i) satisfies the statutory and
regulatory requirements for a general NSR permit program as set forth
in CAA section 110(a)(2)(c) and 40 CFR 51.160-51.164; and (ii) mostly
satisfies the statutory and regulatory requirements for a nonattainment
NSR permit program for moderate ozone, serious PM10, and
moderate PM2.5 nonattainment areas as set forth in the
applicable provisions of part D of title I of the Act (sections 172 and
173) and in 40 CFR 51.165 and 40 CFR 51.307. We are also proposing a
limited disapproval of Rule 207 because we have determined that the
rule does not regulate ammonia as a PM2.5 precursor
consistent with the requirements of 40 CFR 51.165(a)(13). While the
District provided a demonstration to support their contention that
ammonia is a not a significant contributor to the areas
PM2.5 nonattainment status, the demonstration was not
consistent with EPA's newly promulgated nonattainment NSR precursor
demonstration requirements as set forth in 40 CFR 51.1006(a)(3). Our
TSD contains a more detailed discussion of this disapproval issue.
EPA is also proposing to find that it is acceptable for ICAPCD to
not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR
permit program because ICAPCD's permitting program will not be any less
stringent than the federal permitting program.
In addition, EPA is proposing to find that Rules 204, 206 and 207
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 204, 206 and 207.
C. Public Comment and Proposed Action
As authorized by CAA section 110(k)(3) and 301(a), we are proposing
approval of Rule 204 (Applications) and Rule 206 (Processing of
Applications), and we are proposing limited approval of Rule 207 (New
and Modified Stationary Source Review) into the ICAPCD portion of the
California SIP. If finalized, this action would incorporate the
submitted rules into the SIP, including those provisions identified as
deficient. The approval of Rule 207 is limited because EPA is
simultaneously proposing a limited disapproval of Rule 207 under
section 110(k)(3). If finalized, this disapproval would trigger the
two-year clock for the federal implementation plan (FIP) requirement
under section 110(c). In addition, final disapproval would 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.
We will accept comments from the public on the proposed approvals
of Rules 204 and 206 and the proposed limited approval and limited
disapproval of Rule 207 for the next 30 days.
In today's action we are also notifying the public that we intend
to make a technical correction to our previous action approving Rule
202--Exemptions into the ICAPCD portion of the California SIP.\4\ In
that action we stated that approval of Rule 202 into the SIP would
supersede and remove Rule 103--Exemptions, which EPA has previously
approved on May 31, 1972 (37 FR 10832), but we failed to include the
necessary regulatory text to effect this change. Our final rulemaking
for our action on Rules 204, 206 and 207 will include the necessary
regulatory text to remove Rule 103 from the California SIP. We are not
seeking public comment on this technical correction because public
participation requirements were satisfied as part of our action
approving Rule 202 into the SIP.
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\4\ 76 FR 26615 (May 9, 2011).
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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 incorporate by
reference the ICAPCD rules listed in Table 1 of this notice. The EPA
has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and in hard copy
at the appropriate EPA office (see the ADDRESSES 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
[[Page 91898]]
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: December 8, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-30327 Filed 12-16-16; 8:45 am]
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