[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73391-73392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0732; FRL-9739-4]


Approval of Air Quality Implementation Plans; California; Eastern 
Kern, Imperial County, Placer County, and Yolo-Solano; Prevention of 
Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of revisions to the California State 
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). EPA is 
proposing approval of four permitting rules submitted for the Eastern 
Kern Air Pollution Control District (EKAPCD), Imperial County Air 
Pollution Control District (ICAPCD), Placer County Air Pollution 
Control District (PCAPCD), and Yolo-Solano Air Quality Management 
District (YSAQMD) portions of the California SIP. The State of 
California is required under Part C of title I of the Act to adopt and 
implement a SIP-approved Prevention of Significant Deterioration (PSD) 
permit program. We are proposing to revise the SIP to incorporate 
EKAPCD Rule 210.4--Prevention of Significant Deterioration, ICAPCD Rule 
904--Prevention of Significant Deterioration (PSD) Permit Program, 
PCAPCD Rule 518--Prevention of Significant Deterioration (PSD) Permit 
Program, and YSAQMD Rule 3.24--Prevention of Significant Deterioration. 
The approval of these rules would establish a PSD permit program in 
each District for pre-construction review of certain new and modified 
major stationary sources in attainment or unclassifiable areas. We are 
soliciting comments on this proposal. In the ``Rules'' section of this 
Federal Register, we are approving these California SIP revisions as a 
direct final rule without a prior proposed rule. If we receive no 
adverse comment, we will not take further action on this proposed rule. 
If we receive adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule, or the 
relevant provisions of the rule, will not take effect, and all public 
comments received will be addressed in any subsequent final rule based 
on this proposed rule.

DATES: Any comments must be submitted no later than January 9, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-

[[Page 73392]]

OAR-2012-0732, 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.
    Please see the direct final rule which is located in the ``Rules'' 
section of this Federal Register for detailed instructions on how to 
submit comments.

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

SUPPLEMENTARY INFORMATION: This document proposes to approve revisions 
to the California SIP to incorporate EKAPCD Rule 210.4--Prevention of 
Significant Deterioration, ICAPCD Rule 904--Prevention of Significant 
Deterioration (PSD) Permit Program, PCAPCD Rule 518--Prevention of 
Significant Deterioration (PSD) Permit Program, and YSAQMD Rule 3.24--
Prevention of Significant Deterioration. The State of California is 
required under Part C of title I of the Act to adopt and implement a 
SIP-approved PSD permit program. The approval of these rules would 
establish a PSD permit program in each District for pre-construction 
review of certain new and modified major stationary sources in 
attainment or unclassifiable areas. Because the State of California 
does not currently have a SIP-approved PSD program within EKAPCD, 
ICAPCD, PCAPCD, and YSAQMD (referred to hereinafter as the 
``Districts''), EPA is currently the PSD permitting authority for each 
District. Inclusion of these rules into the SIP will transfer PSD 
permitting authority from EPA to the Districts. EPA will assume the 
role of overseeing the PSD permitting program within each District.
    We have published a direct final rule approving these revisions in 
the ``Rules'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action and provided detailed information 
about the action in the preamble to the direct final rule. The 
regulatory text for this proposal is identical to that for the direct 
final rule. For additional information, including the regulatory text, 
see the direct final rule in the ``Rules'' section of this Federal 
Register.
    If no adverse comments are received, we will not take further 
action on this proposed rule. If EPA receives adverse comment, we will 
publish a timely withdrawal in the Federal Register informing the 
public that this rule will not take effect, and all public comments 
received will be addressed in any subsequent final rule based on this 
proposed rule. Please note that if EPA receives adverse comment on a 
distinct provision of this rule and 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. In such case, 
EPA would publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn would then become effective on the date set out in the 
direct final rule, notwithstanding adverse comment on any other 
provision.
    EPA does not intend to institute a second comment period on this 
action. Any parties interested in commenting on this action must do so 
at this time. For further information about commenting on this action, 
please see the information provided in the ADDRESSES section of this 
document and refer to the direct final rule in the ``Rules'' section of 
this Federal Register.

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: September 25, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-29536 Filed 12-7-12; 8:45 am]
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