[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Rules and Regulations]
[Pages 39237-39240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15435]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0186, FRL-8569-6]


Revisions to the California State Implementation Plan, Northern 
Sierra Air Quality Management District, Including Nevada County Air 
Pollution Control District Portion, Plumas County Air Pollution Control 
District Portion, and Sierra County Air Pollution Control District 
Portion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Northern Sierra Air Quality Management District (NSAQMD) portion of the 
California State Implementation Plan (SIP) portion of the SIP, 
including the Nevada County Air Pollution Control District (NCAPCD), 
Plumas County Air Pollution Control district (PCAPCD), and Sierra 
County Air Pollution Control District (SCAPCD) portions of the SIP. 
These revisions concern the permitting of air pollution sources. We are 
approving local and removing local rules under authority of the Clean 
Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on September 8, 2008, without further 
notice, unless EPA receives adverse comments by August 8, 2008. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0186, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: [email protected].
     Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 972-3534, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What rules are being removed from the SIP by EPA?
    D. What are the purposes of the rule revisions or rule removals?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rule submittals meet the evaluation criteria?
    C. Public comment and final action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the date of adoption 
by the local air agency and submittal by the California Air Resources 
Board (CARB).

                                     Table 1.--Rules Submitted by the NSAQMD
----------------------------------------------------------------------------------------------------------------
           Local agency              Rule No.        Rule title            Adopted or amended         Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD...........................          501  Permit Required....  05/11/94, Amended.............     10/28/96
NSAQMD...........................          505  Conditional          09/11/91, Adopted.............     10/28/96
                                                 Approval.
NSAQMD...........................          510  Separation of        09/11/91, Adopted.............     10/28/96
                                                 Emissions.
NSAQMD...........................          511  Combination of       09/11/91, Adopted.............     10/28/96
                                                 Emissions.
NSAQMD...........................          512  Circumvention......  09/11/91, Adopted.............     10/28/96
NSAQMD...........................          513  Source               05/11/94, Amended.............     10/28/96
                                                 Recordkeeping.
NSAQMD...........................          515  Provision of         09/11/91, Adopted.............     10/28/96
                                                 Sampling and
                                                 Testing Facilities.
NSAQMD...........................          517  Transfer...........  09/11/91, Adopted.............     10/28/96
----------------------------------------------------------------------------------------------------------------

    On December 19, 1996, the submittal of the rules in table 1 was 
found to meet 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 are certain versions of SIP rules from the three individual 
defunct county air districts, NCAPCD, PCAPCD, and SCAPCD, being 
superseded by the submitted NSAQMD rules below:
    NSAQMD Rule 501, Permit Required, supersedes the following 
versions:

[[Page 39238]]

     PCAPCD Rule 501, Permit Required (submitted on June 22, 
1981, approved on June 18, 1982).
     SCAPCD Rule 501, Permit Required (submitted on June 22, 
1981, approved on June 18, 1982).
    NSAQMD Rule 505, Conditional Approval, supersedes the following 
versions:
     NCAPCD Section 16, Conditional Approval (submitted on 
February 21, 1972, approved on May 31, 1972).
     PCAPCD Rule 505, Conditional Approval (submitted on June 
22, 1981, approved on June 18, 1982).
     SCAPCD Rule 505, Conditional Approval (submitted on June 
22, 1981, approved on June 18, 1982).
    NSAQMD Rule 515, Provision of Sampling and Testing Facilities, 
supersedes the following versions:
     SCAPCD Section 47, Emission Monitoring (submitted on 
February 21, 1972, approved on May 31, 1972).
     SCAPCD Section 49, Tests (submitted on February 21, 1972, 
approved on May 31, 1972).
     SCAPCD Section 50, Field Inspection (submitted on February 
21, 1972, approved on May 31, 1972).
    NSAQMD Rule 517, Transfer, supersedes the following versions:
     PCAPCD Rule 517, Transfer (submitted on June 22, 1981, 
approved on June 18, 1982).
     SCAPCD Rule 517, Transfer (submitted on June 22, 1981, 
approved on June 18, 1982).
    There are no versions of submitted NSAQMD Rules 510, 511, 512, and 
513 in the SIP.

C. What Rules Are Being Removed From the SIP by EPA?

    Rules of the individual defunct air districts that we are removing 
from the SIP are listed in tables 2, 3, and 4. The original dates of 
submittal by the California Air Resources Board (CARB) and approval by 
EPA, along with the reason for removal from the SIP, are provided.

                               Table 2.--Rules Removed From the NCAPCD SIP by EPA
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                                        Rule or                                         Approved by   Reason for
            Local agency                section          Rule title         Submitted       EPA        removal
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NCAPCD..............................           11  Registration Required.     02/21/72     05/31/72        (\1\)
NCAPCD..............................           51  Nuisance..............     02/21/72     05/31/72        (\1\)
NCAPCD..............................          106  Validity..............     04/10/75     06/14/78        (\1\)
NCAPCD..............................          107  Effective Date........     04/10/75     06/14/78        (\1\)
NCAPCD..............................          201  District-Wide Coverage     04/10/75     06/14/78        (\1\)
NCAPCD..............................          215  Existing Sources......     04/10/75     06/14/78        (\1\)
NCAPCD..............................          401  Responsibility........     04/10/75     06/14/78        (\1\)
NCAPCD..............................          403  Responsibility of          04/10/75     06/14/78        (\1\)
                                                    Permitting.
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                               Table 3.--Rules Removed From the PCAPCD SIP by EPA
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                                        Rule or                                         Approved by   Reason for
            Local agency                section          Rule title         Submitted       EPA        removal
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PCAPCD..............................          507  Responsibility........     06/22/81     06/18/82        (\1\)
PCAPCD..............................          508  Posting of Permit to       06/22/81     06/18/82        (\3\)
                                                    Operate.
----------------------------------------------------------------------------------------------------------------


                               Table 4.--Rules Removed From the SCAPCD SIP by EPA
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                                        Rule or                                         Approved by   Reason for
            Local agency                section          Rule title         Submitted       EPA        removal
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SCAPCD..............................          201  District-Wide Coverage     01/10/75     08/22/77        (\1\)
SCAPCD..............................          205  Nuisance..............     01/10/75     08/22/77        (\2\)
SCAPCD..............................          507  Responsibility........     06/22/81     06/18/82        (\1\)
SCAPCD..............................          508  Posting of Permit to       06/22/81     06/18/82        (\1\)
                                                    Operate.
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Notes: Reasons for removal from the SIP of the rules in tables 2, 3, and 4 are as follows:
\1\ The rule is not required for the SIP to achieve or maintain attainment.
\2\ The rule is not appropriate for EPA to enforce.
\3\ The rule is appropriate to be in the SIP, but is not approvable according to current EPA requirements.

D. What Are the Purposes of the Rule Revisions or Rule Removals?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, nitrogen oxides, particulate 
matter, and other air pollutants which harm human health and the 
environment. Permitting rules were developed as part of the local air 
district's programs to control these pollutants. The overall purpose of 
the present actions on NSAQMD permitting rules is to partially 
consolidate the SIP rules from the original individual air districts, 
NCAPCD, PCAPCD, and SCAPCD, into one set of SIP rules for the unified 
NSAQMD.
    The SIP rules being removed are from three defunct individual 
county air districts, NCAPCD, PCAPCD, and SCAPCD, which were unified to 
form the NSAQMD. These defunct district rules are not appropriate or 
required for the SIP or were replaced by currently-active NSAQMD SIP 
rules. The rules listed in tables 2, 3, and 4 are being removed from 
the SIP by EPA under the authority of section 110(k)(6) of the CAA. The 
removal of these listed rules does not relax the SIP and does not 
result in an increase in air emissions.
    The purposes of the new submitted rules are as follows:
     Rule 510: The rule clarifies that the emissions from 
multiple emission points in a single source operation may not exceed 
the limit that would have applied for one emission point for that 
source.
     Rule 511: The rule allows multiple emission sources to be 
regulated separately if the emissions are combined and if the emissions 
are susceptible to reliably attributing the amount of

[[Page 39239]]

emissions to each individual source. Otherwise, combined multiple 
emission sources must be regulated with the most stringent regulation 
for a single emission source.
     Rule 512: The rule prohibits circumvention of regulations 
by superficially reducing or concealing emissions that might violate 
emission regulations.
     Rule 513: The rule requires recordkeeping and reporting 
with a two-year retention period of those emissions required by the 
APCO.
    The purposes of revisions relative to the SIP rules are as follows:
     Rule 501: The requirement that major sources subject to 
title V comply with federal operating permit regulations is added.
     Rule 505: The authority of the Air Pollution Control 
Officer (APCO) to grant a permit to rent or sell air pollution control 
equipment is removed.
     Rule 515: The requirements for sampling and testing to 
determine compliance with emission regulations are unified from the 
defunct district rules.
     Rule 517: The requirements for the transfer of ownership 
of an emission source are unified from the defunct district rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules regulating permitting must be enforceable (see 
section 110(a) of the CAA) and must not relax existing requirements 
(see sections 110(l) and 193). The revision or removal of SIP rules 
must not relax existing requirements. The NSAQMD regulates an 8-hour 
CAA subpart 1 ozone nonattainment area. There are no specific RACT 
requirements for permitting rules.
    The following guidance documents were used for reference:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, EPA, 40 CFR part 51.
     Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region IX (August 21, 2001). (The Little Bluebook)

B. Do the Rule Submittals and Rule Removals Meet the Evaluation 
Criteria?

    We believe the rule approvals and rule removals are consistent with 
the relevant policy and guidance regarding enforceability and SIP 
relaxations. The TSD has more information on our evaluation.

C. Public Comment and Final Action

    EPA is approving local NSAQMD Rules 501, 505, 510, 511, 512, 513, 
515, and 517 into the SIP and approving the removal of eight NCAPCD, 
two PCAPCD, and four SCAPCD permitting rules from the SIP. We believe 
these actions fulfill all relevant requirements. We do not think anyone 
will object to this, so we are finalizing the approvals and removals 
without proposing them in advance. However, in the Proposed Rules 
section of this Federal Register, we are simultaneously proposing 
approval of the same actions. If we receive adverse comments by August 
8, 2008, we will publish a timely withdrawal in the Federal Register to 
notify the public that the direct final approval will not take effect 
and we will address the comments in a subsequent final action based on 
the proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on September 8, 
2008. This will incorporate the submitted rules in table 1 into the 
federally-enforceable SIP and remove the rules in tables 2, 3, and 4 
from the SIP. Superseded SIP rules for those rules in table 1 are also 
removed from the SIP. There are no sanctions or FIP clocks associated 
with any previous action on the rules.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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. 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United

[[Page 39240]]

States Court of Appeals for the appropriate circuit by September 8, 
2008. 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 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, Reporting and recordkeeping 
requirements.

    Dated: April 16, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
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)(7)(iii), 
(c)(26)(ix)(D), (c)(27)(vii)(F), (c)(93)(iii)(E), (c)(93)(iv)(F), 
(c)(246)(i)(A)(4) and (5) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (b) * * *
    (7) * * *
    (iii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement Rules 11 and 51.
* * * * *
    (c) * * *
    (26) * * *
    (ix) * * *
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(26)(ix)(A) of this section and now deleted without replacement 
Rules 201 and 205.
* * * * *
    (27) * * *
    (vii) * * *
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement 
Rules 106, 107, 201, 215, 401, and 403.
* * * * *
    (93) * * *
    (iii) * * *
    (E) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement 
Rules 507 and 508.
    (iv) * * *
    (F) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iv)(B) of this section and now deleted without replacement 
Rules 507 and 508.
* * * * *
    (246) * * *
    (i) * * *
    (A) * * *
    (4) Rule 505, ``Conditional Approval,'' Rule 510, ``Separation of 
Emissions,'' Rule 511, ``Combination of Emissions,'' Rule 512, 
``Circumvention,'' Rule 515, ``Provision of Sampling and Testing 
Facilities,'' and Rule 517, ``Transfer,'' adopted on September 11, 
1991.
    (5) Rule 501, ``Permit Required'' and Rule 513, ``Source 
Recordkeeping,'' amended on May 11, 1994.
* * * * *
[FR Doc. E8-15435 Filed 7-8-08; 8:45 am]
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