[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27125-27127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12235]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0621; FRL-9962-57-Region 9]
Revisions to the California State Implementation Plan; Imperial
County Air Pollution Control District; Stationary Sources Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action
on revisions to the Imperial County Air Pollution Control District
(ICAPCD or District) portion of the California State Implementation
Plan (SIP). We are finalizing full approval of two rules. Both rules
update and revise the District's New Source Review (NSR) permitting
program for new and modified sources of air pollution. We are also
finalizing a technical correction to a previous action that will remove
one rule from the SIP.
DATES: This rule will be effective on July 14, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2015-0621. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although it may be
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Thien Khoi Nguyen, EPA Region IX,
(415) 947-4120, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
Definitions
I. Proposed Action
II. EPA 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 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 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.
(vi) The initials NSR mean or refer to New Source Review.
(vii) The initials SIP mean or refer to State Implementation Plan.
I. Proposed Action
On December 19, 2016, the EPA proposed a full approval of two rules
and a limited approval and limited disapproval (LA/LD) of one rule (as
noted in Table 1) submitted by CARB for incorporation into the ICAPCD
portion of the California SIP. 81 FR 91895. Table 1 also lists the
dates the rules were adopted by ICAPCD and submitted by CARB, which is
the governor's designee for California SIP submittals.
Table 1--Submitted NSR Rules
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Adopted/
Rule # Rule title revised Submitted Proposed action
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204.............................. Applications............ 9/14/99 05/26/00 Full Approval.
206.............................. Processing of 10/22/13 02/10/14 Full Approval.
Applications.
207.............................. New and Modified 10/22/13 1/21/14 LA/LD.
Stationary Source
Review.
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[[Page 27126]]
The EPA proposed to approve Rules 204 and 206 as part of ICAPCD's
NSR permitting program because we determined that these rules meet the
statutory requirements for SIP revisions as specified in sections
110(l) and 193 of the CAA. Rules 204 and 206, together with Rule 207,
satisfy the substantive statutory and regulatory requirements for a NSR
permit program as contained in CAA section 110(a)(2)(c) and 40 CFR
51.160-51.164. We also proposed a limited approval and limited
disapproval of Rule 207. We do not intend to finalize that proposed
action. Instead, we intend to take a new rulemaking action to
conditionally approve Rule 207 into the Imperial County portion of the
California SIP. We also proposed to remove Rule 103 (Exemptions) as a
technical correction to a previous action approving Rule 202
(Exemptions) into the ICAPCD portion of the California SIP, which
superseded and replaced Rule 103. 76 FR 26615 (May 9, 2011).
II. EPA Action
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments. Therefore, as authorized
by CAA section 110(k)(3) and 301(a), the EPA is finalizing approval of
Rule 204 (Applications) and Rule 206 (Processing of Applications) into
the ICAPCD portion of the California SIP. This action will incorporate
the submitted rules into the SIP.
In this action we are also finalizing a technical correction to our
previous action approving Rule 202 into the ICAPCD portion of the
California SIP.\1\ In that action, our approval of Rule 202 into the
SIP superseded and replaced Rule 103, which EPA had previously approved
on May 31, 1972 (37 FR 10832), but we failed to include the necessary
regulatory text to effect this change. This final action includes the
necessary regulatory text to remove Rule 103 from the California SIP.
We did not seek public comment on this technical correction because
public participation requirements were satisfied as part of our action
approving Rule 202 into the SIP.
In the proposed action, we also proposed a limited approval and
limited disapproval of Rule 207 (New and Modified Stationary Source
Review). We do not intend to finalize that proposed action. Instead, we
intend to take a new rulemaking action to conditionally approve Rule
207 into the Imperial County portion of the California SIP.
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\1\ 76 FR 26615 (May 9, 2011).
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III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
ICAPCD rules listed in Table 1 of this document. The EPA has made, and
will continue to make, these rules generally available electronically
through www.regulations.gov and in hard copy at the U.S. Environmental
Protection Agency, Region IX (Air -3), 75 Hawthorne Street, San
Francisco, CA 94105-3901.
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.
[[Page 27127]]
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. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 14, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New source review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (b)(14)(ii),
(c)(279)(i)(A)(15) and (16), and (c)(442)(i)(A)(4) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(b) * * *
(14) * * *
(ii) Previously approved on May 31, 1972 in paragraph (b)(14) of
this section and now deleted with replacement in paragraph
(c)(351)(i)(A)(4) of this section, Rule 103.
* * * * *
(c) * * *
(279) * * *
(i) * * *
(A) * * *
(15) Rule 204, ``Applications,'' revised on September 14, 1999.
(16) Previously approved on January 3, 2007 in paragraph
(c)(279)(i)(A)(14) of this section and now deleted with replacement in
paragraph (c)(442)(i)(A)(4) of this section, Rule 206.
* * * * *
(442) * * *
(i) * * *
(A) * * *
(4) Rule 206, ``Processing of Applications,'' revised on October
22, 2013.
* * * * *
[FR Doc. 2017-12235 Filed 6-13-17; 8:45 am]
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