[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Proposed Rules]
[Pages 32493-32495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13338]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0408; FRL-9680-1]


Approval of Air Quality Implementation Plans; California; San 
Joaquin Valley Unified Air Pollution Control District; Prevention of 
Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of a permitting rule submitted for 
the San Joaquin Valley Unified Air Pollution Control District 
(District) portion of the California State Implementation Plan (SIP). 
The State is required under Part C of title I of the Clean Air Act (CAA 
or Act) to adopt and implement a SIP-approved Prevention of Significant 
Deterioration (PSD) permit program. This SIP revision proposes to 
incorporate District Rule 2410--Prevention of Significant 
Deterioration--into the SIP to establish a PSD permit program for pre-
construction review of certain new and modified major stationary 
sources in attainment or unclassifiable areas. The District is 
currently attainment or unclassifiable for the PM10, 
NO2, CO, and lead National Ambient Air Quality Standards 
(NAAQS). We are soliciting public comments on this proposal and plan to 
follow with a final action after consideration of comments received.

DATES: Any comments must be submitted no later than July 2, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0408, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [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 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 www.regulations.gov or email. 
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 email directly to EPA, your email 
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 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

[[Page 32494]]

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: Lisa Beckham, Permits Office (AIR-3), 
U.S. Environmental Protection Agency, Region IX, (415) 972-3811, 
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating this rule?
    B. Does the rule meet the evaluation criteria?
    C. Transfer of existing EPA-issued PSD permits.
    D. Public comment and proposed action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule on which we are proposing action with the 
date it was adopted by the local agency and submitted to EPA by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local agency                 Rule No.             Rule title             Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..........................            2410   Prevention of Significant       6/16/2011        8/23/2011
                                                      Deterioration.
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    CAA section 110(k)(1)(B) requires EPA to determine whether a SIP 
submittal is complete within 60 days of receipt. This section also 
provides that any SIP submittal that we have not affirmatively 
determined to be complete or incomplete will become complete by 
operation of law six months after the day of submittal. The August 23, 
2011 submittal of the District's PSD regulation became complete by 
operation of law on February 23, 2012.

B. Are there other versions of this rule?

    There are no previous versions of Rule 2410 in the California SIP. 
The District originally adopted Rule 2410 on June 16, 2011 and it has 
not been revised since that date.

C. What is the purpose of the submitted rule?

    Section 110(a) of the CAA requires states to adopt and submit 
regulations for the implementation, maintenance and enforcement of the 
primary and secondary NAAQS. Specifically, section 110(a)(2)(J) 
requires the state's plan to meet the applicable requirements of 
section 165 relating to a pre-construction permit program for the 
prevention of significant deterioration of air quality and visibility 
protection. The purpose of District Rule 2410--Prevention of 
Significant Deterioration, is to implement a pre-construction PSD 
permit program as required by section 165 of the CAA for certain new 
and modified major stationary sources located in attainment areas. 
Because the State does not currently have a SIP-approved PSD program 
within the District, EPA is currently the PSD permitting authority in 
the District. Inclusion of this rule into the SIP will transfer PSD 
permitting authority from EPA to the District. EPA would then assume 
the role of overseeing the District's PSD permitting program, as 
intended by the CAA.

II. EPA's Evaluation and Action

A. How is EPA evaluating this rule?

    The relevant statutory provisions for our review of the submitted 
rules include CAA sections 110(a), 110(l), and 165 and Part 51, section 
166 of title 40 of the Code of Federal Regulations (40 CFR 51.166). 
Section 110(a) requires, among other things, that SIP rules be 
enforceable, while section 110(l) precludes EPA approval of SIP 
revisions that would interfere with any applicable requirements 
concerning attainment and reasonable further progress. Section 165 of 
the CAA requires states to adopt a pre-construction permitting program 
for certain new and modified major stationary sources located in 
attainment or unclassifiable areas. 40 CFR 51.166 establishes the 
specific requirements for SIP-approved PSD permit programs that must be 
met to satisfy the requirements of section 165 of the CAA.

B. Does the rule meet the evaluation criteria?

    With some exclusions and revisions, Rule 2410 incorporates by 
reference EPA's PSD permit program at 40 CFR 52.21, as of June 16, 
2011. We generally consider the EPA's PSD permit program to be 
consistent with the criteria in 40 CFR 51.166. However, we conducted a 
review of Rule 2410 to ensure that all requirements of 40 CFR 51.166 
are met. Our evaluation is available as an attachment to the technical 
support document (TSD) for this rulemaking. We also reviewed the 
revisions the District made to the provisions of 40 CFR 52.21 that were 
incorporated by reference into Rule 2410, such as revising certain 
terms and definitions to reflect that the District, rather than the 
EPA, will be the PSD permitting authority. Rule 2410 also relies on the 
existing SIP-approved public notice requirements contained in Rule 
2201--New Source Review. In addition, we reviewed revisions made to 40 
CFR 51.166 and 52.21 after the District adopted Rule 2410. Please see 
the TSD for additional information. Based on our review of Rule 2410 
and confirmation from the District, in a letter dated May 18, 2012, 
regarding its implementation procedures and commitment to revise Rule 
2410 in the future for clarity, we are proposing to find the SIP 
revision acceptable under CAA sections 110(a), 110(l) and 165 and 40 
CFR 51.166.
    EPA's TSD for this rulemaking has more information about this rule, 
including our evaluation and recommendation to approve it into the SIP.

C. Transfer of Existing EPA-Issued PSD Permits

    The District has also requested approval to exercise its authority 
to administer the PSD program with respect to those sources located in 
the District that have existing PSD permits issued by EPA. This would 
include authority to conduct general administration of these existing 
permits, authority to process and issue any and all subsequent PSD 
permit actions relating to such permits (e.g., modifications, 
amendments, or revisions of any nature), and authority to enforce such 
permits. Pursuant to the criteria under section 110(a)(2)(E)(i) of the 
CAA, we have determined that the District has the authority, personnel, 
and funding to implement the PSD program within the District for 
existing EPA-issued permits. Concurrent with EPA's approval of the 
District's PSD program into the SIP, the EPA-issued permits would be 
transferred to the

[[Page 32495]]

District. A list of these EPA-issued permits is provided as an 
attachment to the TSD. EPA intends to provide a copy of each permit to 
the District prior to the effective date of the final SIP approval.
    In order to promote an orderly transition of the PSD program from 
the EPA to the District, the efficient use of the District's and EPA's 
resources, and certainty for the regulated community and the public, 
EPA proposes to retain PSD permit implementation authority for those 
specific sources within the District that have submitted PSD permit 
applications to EPA and for which EPA has issued a proposed permit 
decision, but for which final agency action and/or the exhaustion of 
all administrative and judicial appeals processes (including any 
associated remand actions) have been not yet been concluded or 
completed upon the effective date of EPA's final action on Rule 2410. 
The District would assume full PSD responsibility for the 
administration and implementation of such PSD permits immediately upon 
notification from EPA that all administrative and judicial appeals 
processes and any associated remand actions have been completed or 
concluded for any such permit application.

D. Public Comment and Proposed Action

    Because EPA believes the submitted rule fulfills all relevant 
requirements, we are proposing to fully approve it as a revision to the 
SIP pursuant to section 110(k)(3) of the Act. Specifically, we are 
proposing to approve District Rule 2410--Prevention of Significant 
Deterioration, as adopted by the District on June 16, 2011 and 
submitted by CARB on August 23, 2011.
    We will accept comments from the public on this proposal until July 
2, 2012.

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 proposed 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 proposed 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 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 proposed 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, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: May 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-13338 Filed 5-31-12; 8:45 am]
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