[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61551-61552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25900]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0413; FRL-9985-75-Region 9]
Revisions to California State Implementation Plan; South Coast
Air Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing action
on a revision to the South Coast Air Quality Management District
(SCAQMD or District) portion of the California State Implementation
Plan (SIP). We are finalizing a conditional approval of one rule
governing issuance of permits for stationary sources, including review
and permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA). Specifically, the revision pertains
to SCAQMD Rule 1325--Federal PM2.5 New Source Review
Program.
DATES: This rule will be effective on December 31, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2018-0413. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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: Laura Yannayon, EPA Region 9, (415)
972-3534, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 8, 2018 (83 FR 39012), the EPA proposed to conditionally
approve the following rule that was submitted for incorporation into
the SCAQMD portion of the California SIP.
Table 1--Submitted Rule
------------------------------------------------------------------------
Rule No. Rule title Amended Submitted
------------------------------------------------------------------------
1325........... Federal PM2.5 New 11/4/16 5/8/17
Source Review Program.
------------------------------------------------------------------------
We proposed a conditional approval of this rule because we
determined that, separate from the deficiencies listed in Section II.B
of our proposed rulemaking action, the rule met the statutory
requirements for SIP revisions as specified in section 110(l) of the
CAA, as well as the substantive statutory and regulatory requirements
for a nonattainment New Source Review (NSR) permit program as contained
in CAA sections 110(a)(2)(C) and 173(a) through (c), and 40 CFR 51.165
that pertain to a PM2.5 nonattainment area classified as
Serious. Moreover, we concluded that if the State submits the changes
it committed to submit in its July 16, 2018 commitment letter, the
identified deficiencies will be cured.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments on the proposed rule.
These comments raised issues that are outside the scope of our proposed
approval of Rule 1325, including air pollution monitoring in China and
India, climate change, and wind and solar power costs and regulations.
None of those comments are germane to our evaluation of Rule 1325.
III. EPA Action
No comments were submitted that change our assessment that
submitted Rule 1325 satisfies the applicable CAA requirements.
Therefore, under CAA sections 110(k)(4) and 301(a), and for the reasons
set forth in our August 8, 2018 proposed rule, we are finalizing the
conditional approval of Rule 1325. This action incorporates Rule 1325
into the federally enforceable SIP and will be codified through
revisions to 40 CFR 52.220 (Identification of plan) and 40 CFR 52.248
(Identification of plan--conditional approval).
If the State meets its commitment to submit the required changes,
the revisions to Rule 1325 will remain a part of the SIP until EPA
takes final action approving or disapproving the new SIP revisions.
However, if the State fails to submit these revisions within the
required timeframe, the conditional approval will automatically become
a disapproval, and EPA will issue a finding of disapproval. EPA is not
required to propose the finding of disapproval.
In addition, because we are finalizing our proposed action, we are
removing the existing Rule 1325 from the SCAQMD portion of the
California SIP.
IV. 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
SCAQMD rule listed in Table 1 of this preamble. The EPA has made, and
will continue to make, these materials available electronically through
www.regulations.gov and in hard copy at the EPA Region IX Office
(please contact the person identified in the FOR
[[Page 61552]]
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. 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
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);
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, as appropriate, disproportionate human health or
environmental effects, using practicable 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 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).
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. The 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New Source Review, Particulate
matter, Reporting and recordkeeping requirements.
Dated: October 11, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 (c)(458)(i)(A)(2) and
(c)(509) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(458) * * *
(i) * * *
(A) * * *
(2) Previously approved on May 1, 2015 in paragraph
(c)(458)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(509)(i)(A)(1), Rule 1325.
* * * * *
(509) New and amended regulations for the following APCDs were
submitted on May 8, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1325, ``Federal PM2.5 New Source Review
Program'' amended on November 4, 2016.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
0
3. Section 52.248 is amended by adding paragraph (f) to read as
follows:
Sec. 52.248 Identification of plan--conditional approval.
* * * * *
(f) The EPA is conditionally approving a California State
Implementation Plan (SIP) revision submitted on May 8, 2017, updating
Rule 1325--Federal PM2.5 New Source Review Program, for the
South Coast Air Quality Management District. The conditional approval
is based on a commitment from the State to submit a SIP revision that
will correct the identified deficiencies. If the State fails to meet
its commitment by December 30, 2019, the conditional approval is
treated as a disapproval.
* * * * *
[FR Doc. 2018-25900 Filed 11-29-18; 8:45 am]
BILLING CODE 6560-50-P