[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Proposed Rules]
[Pages 28944-28946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12445]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0461; FRL-9309-4]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District and Feather River Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a limited approval and limited disapproval of 
permitting rules submitted for the Placer County Air Pollution Control 
District (PCAPCD) and Feather River Air Quality Management District 
(FRAQMD) portion of the California State Implementation Plan (SIP). The 
districts are required under Part D of title I of the Clean Air Act 
(CAA) to adopt and implement a SIP-approved New Source Review (NSR) 
permit program. These rules update and revise the District's NSR 
permitting program for new and modified sources of air pollution. If 
EPA finalizes the limited approval and limited disapproval action, as 
proposed, then a sanctions clock would be triggered. We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by June 20, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0461, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: EPA has established a docket for this action under EPA-R09-
OAR-2011-0461. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents are listed at http://www.regulations.gov, some 
information

[[Page 28945]]

may be publicly available only at the hard copy location (e.g., 
copyrighted material, large maps, multi-volume reports), 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.

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 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 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. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal, including the 
date it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
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                                                Rule
                Local agency                    No.               Rule title              Amended     Submitted
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PCAPCD......................................      502  New Source Review..............     10/28/10      7/20/10
FRAQMD......................................     10.1  New Source Review..............      10/5/09      7/20/10
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    On August 25, 2010, EPA determined that the submittal for PCAPCD 
Rule 502 and FRAQMD Rule 10.1, 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 are no previous versions of Rule 502 in the SIP, but SIP 
approved Rule 508 (New Source Review), which this rule will replace in 
the SIP, was approved into the Mountain Counties and Lake Tahoe air 
basin portions of the Placer County SIP, on June 23, 1982 (47 FR 27065) 
and May 18, 1981 (46 FR 27115), respectively. The PCAPCD originally 
adopted new Rule 502 on May 24, 1977 and has revised the rule several 
times since that date, but there are no other pending SIP submittals of 
Rule 502.
    There are no previous versions of Rule 10.1 in the SIP. The FRAQMD 
originally adopted new Rule 10.1 on February 8, 1993, and submitted the 
rule to EPA on March 23, 1993, however EPA has not taken action on this 
submittal. While we can act on only the most recently submitted 
version, we have reviewed materials provided with the previous 
submittal.

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 Rule 502 (New Source Review) and Rule 10.1 (New 
Source Review) is to implement a federal preconstruction permit program 
for new and modified sources located in nonattainment areas. Rule 502 
will replace the existing SIP approved NSR programs contained in Rule 
508, as approved for the Mountain Counties and Lake Tahoe air basin 
potions of Placer County. These versions of Rule 508 were approved into 
the SIP in 1981 and 1982 respectively. Rather than try to update these 
rules, the District has instead adopted an entirely new rule to carry 
out the NSR program--Rule 502. Rule 10.1 will be a new SIP rule. In 
accordance with both District's May 5, 2010 (75 FR 24409) 
reclassification as a severe ozone nonattainment area, the rules 
establish BACT \1\ and offset applicability thresholds at 25 tpy or 
more, and sets the required offset ratio at 1.3 to 1, or greater. The 
rules do not contain any of the 2002 NSR Reform provisions adopted by 
EPA. (67 FR 80186)
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    \1\ While the District uses the term BACT as the level of 
control required, a review of the definition has shown that it is 
equivalent to the requirements for federal LAER.
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II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    The relevant statutory provisions for our review of the submitted 
rules include Part D of Title I of the CAA, section 110(a)(2)(C), 
section 110(l) and section 182(d). Section 110(a) requires a pre-
construction permit programs for certain new or modified stationary 
sources of pollutants, including a permit program as required by Part D 
of Title I, while section 110(l) precludes EPA approval of SIP 
revisions that would interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable requirement of the Act. Section 182(d) (together with 
section 182(f) for NOX), requires NSR SIPs in ``severe'' 
nonattainment areas to define ``major sources'' and ``major 
modifications'' to be sources that emit 25 tpy or more of VOC or 
NOX, and have an offset ratio of at least 1.3 to 1. In 
addition, we have reviewed the submitted rules for compliance with EPA 
implementing regulations for NSR, including 40 CFR 51.160 through 40 
CFR 51.165.

B. Do the rules meet the evaluation criteria?

    EPA has reviewed the submitted rules in accordance with the Rule 
Evaluation criteria described above. The TSDs (one for each District) 
for this action contain a complete discussion of our evaluation. EPA is 
proposing to find that these rules meet the statutory requirements for 
SIPs as specified in sections 110(a), 110(l), 182(d) and 193 of the 
CAA. In addition, except for the deficiencies noted in the TSDs and 
summarized in the Proposed Action section of this notice, we are 
proposing to find that the rules meet the regulatory requirements of 40 
CFR 51.160 through 40 CFR 51.165. EPA is proposing to find that it is 
acceptable for PCAPCD and FRAQMD to not incorporate the NSR Reform 
provisions of 40 CFR 51.165 into their SIP approved NSR programs, 
because the same level of control will be required for modified 
sources, with or without inclusion of these provisions in the SIP, and 
neither of the PCAPCD and FRAQMD programs will be any less stringent 
than the federal program.

[[Page 28946]]

C. Public Comment and Proposed Action

    For the reasons given above, under CAA section 110(k)(3) and 
301(a), we are proposing a limited approval and limited disapproval of 
Rule 502 and Rule 10.1 because, although each rule would strengthen the 
SIP and they meet the applicable requirements for SIPs in general, they 
contain certain deficiencies related to NSR SIPs in particular that 
prevent our full approval. The primary deficiencies pertain to missing 
definitions and missing provisions pursuant to 40 CFR 51.165(a)(5)(ii) 
and 40 CFR 51.307(b)(2). Please refer to the TSD for this action for 
additional information. The deficiencies can be remedied by each 
District by revising their rule to provide the missing definitions, and 
necessary provisions pursuant to the 40 CFR part 51 sections cited 
above. If EPA finalizes the limited approval and limited disapproval 
action, as proposed, then a sanctions clock, and EPA's obligation to 
promulgate a Federal implementation plan, would be triggered because 
the revisions to the District rule for which a limited approval and 
limited disapproval is proposed is required under the 8-hour ozone 
standard.
    We will accept comments from the public on this proposal for the 
next 30 days. Unless we receive convincing new information during the 
comment period, we intend to publish a final action that will 
incorporate these rules into the federally enforceable SIP.

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 (Public Law 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 disproportionate human health or environmental effects with 
practical, appropriate, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 13, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011-12445 Filed 5-18-11; 8:45 am]
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