[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73320-73322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0513; FRL-9749-6]


Approval of Air Quality Implementation Plans; California; South 
Coast Air Quality Management District; Prevention of Significant 
Deterioration; Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action under section 110 of the Clean Air 
Act (CAA) to approve a State Implementation Plan (SIP) revision for the 
South Coast Air Quality Management District (SCAQMD or District) 
portion of the California State Implementation Plan (SIP). This SIP 
revision incorporates District Rule 1714--Prevention of Significant 
Deterioration for Greenhouse Gases into the California SIP. The 
submitted revision is a permitting rule that contains the Prevention of 
Significant Deterioration (PSD) permit program applicable to new and 
modified major stationary sources of greenhouse gases (GHGs) as 
required by Part C of title I of the Clean Air Act. In addition, upon 
the effective date of this action, the District is no longer subject to 
the Federal Implementation Plan (FIP) at 40 CFR 52.21 as it pertains to 
GHGs.

DATES: This rule is effective on January 9, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0513 for 
this action. Generally, documents in the docket for this action are 
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 at www.regulations.gov, some 
information 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.

[[Page 73321]]


FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, 75 
Hawthorne Street (AIR-3), San Francisco, CA 94105, phone number (415) 
972-3811, or by email at [email protected].

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

Table of Contents

I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. What Action is EPA finalizing?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On August 29, 2012 (77 FR 52277), EPA proposed to approve the rule 
listed in Table 1 that was submitted for incorporation into the 
California SIP.

                                             TABLE 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..............................            1714   Prevention of                 11/5/2010       12/30/2010
                                                        Significant
                                                        Deterioration for
                                                        Greenhouse Gases.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complied with the applicable CAA requirements. Our proposed rule and 
related Technical Support Document (TSD) contain more information on 
the basis for this rulemaking and our evaluation of the submittal.

II. Public Comments and EPA Responses

    EPA's proposed approval action for this SIP revision submittal 
provided a 30-day public comment period. During this period, we 
received no comments.

III. What action is EPA finalizing?

    EPA is finalizing a SIP revision for the SCAQMD portion of the 
California SIP. This SIP revision will be codified in 40 CFR 52.220 by 
incorporating by reference District Rule 1714 listed in Table 1 above. 
In addition, the letter from the District to EPA dated August 15, 2012 
that provides certain clarifications concerning the District's rule, 
discussed in EPA's proposed rule for this action, will be included as 
additional material in 40 CFR 52.220. The regulatory text addressing 
this action also makes it clear that EPA is relying, in part, on the 
clarifications provided in the District's clarification letter in 
taking this final approval action. As such, the District's 
implementation of the PSD program in a manner consistent with these 
clarifications is a pre-condition of today's final approval of this PSD 
SIP revision. District Rule 1714 applies only to sources that trigger 
the PSD program for GHGs. This SIP revision provides a federally 
approved and enforceable mechanism for the District to issue pre-
construction PSD permits for new and modified major stationary sources 
of GHGs within the District. The regulatory text at 40 CFR 52.270 is 
also being revised so that the SCAQMD is no longer subject to the FIP 
for the PSD program as it pertains to GHGs.
    For pollutants other than GHGs that trigger the PSD program, the 
District will continue to administer the PSD program under the criteria 
and procedures in 40 CFR 52.21, 40 CFR Part 124 (including the 
opportunity to petition for review by EPA's Environmental Appeals 
Board), and the applicable PSD delegation agreement.

IV. Final Action

    Under CAA sections 110(a), 110(l), and 165 and for the reasons set 
forth in our August 29, 2012 proposed rule, EPA is approving CARB's 
December 30, 2010 submittal of District Rule 1714--Prevention of 
Significant Deterioration for Greenhouse Gases--into the California SIP 
to establish a PSD permit program for pre-construction review of 
certain new and modified major stationary sources of greenhouse gases.

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). Thus, in reviewing SIP 
submissions, 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 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 CAA; 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 final 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,

[[Page 73322]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 8, 2013. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Greenhouse gases, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: October 22, 2012.
Jared Blumenfeld,
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 new paragraph (c)(421) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (421) New regulations were submitted on December 30, 2010, by the 
Governor's designee. Final approval of this regulation is based, in 
part, on the clarifications contained in a August 15, 2012 letter from 
the South Coast Air Quality Management District regarding specific 
implementation of parts of the Prevention of Significant Deterioration 
program.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1714, ``Prevention of Significant Deterioration for 
Greenhouse Gases,'' adopted on November 5, 2010.
    (ii) Additional materials.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) Letter dated August 15, 2012 from Mohsen Nazemi, SCAQMD, to 
Gerardo Rios, EPA Region 9, regarding Clarifications for Rule 1714--
Prevention of Significant Deterioration for Greenhouse Gases.

0
3. Section 52.270 is amended by adding new paragraph (b)(10) to read as 
follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (10) The PSD program for greenhouse gases (GHGs) in Rule 1714 for 
the South Coast Air Quality Management District (SCAQMD), as 
incorporated by reference in Sec.  52.220(c)(421), is approved under 
part C, Subpart 1, of the Clean Air Act. This approval is limited to 
sources subject to the PSD program for GHGs. The provisions of Sec.  
52.21 (except paragraph (a)(1)) continue to apply to the SCAQMD for all 
pollutants subject to regulation, as defined in Sec.  52.21, except for 
GHGs.
* * * * *
[FR Doc. 2012-29528 Filed 12-7-12; 8:45 am]
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