[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53270-53272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0064; FRL-9813-9]


Revision of Air Quality Implementation Plan; California; 
Sacramento Metropolitan Air Quality Management District; Stationary 
Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and technical amendments.

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SUMMARY: EPA is finalizing approval of two permitting rules submitted 
by California as a revision to the Sacramento Metropolitan Air Quality 
Management District (SMAQMD or District) portion of the California 
State Implementation Plan (SIP). These revisions were proposed in the 
Federal Register on February 14, 2013 and concern construction and 
modification of stationary sources of air pollution within Sacramento 
County. We are approving local rules that regulate these emission 
sources under the Clean Air Act as amended in 1990 (CAA). Final 
approval of these rules makes the rules federally enforceable and 
corrects program deficiencies identified in a previous EPA rulemaking 
(76 FR 43183, July 20, 2011). EPA is also making technical amendments 
to the Code of Federal Regulations (CFR) to reflect this previous 
rulemaking, which removed an obsolete provision from the California 
SIP.

DATES: Effective Date: This rule is effective on September 30, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0064 for 
this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents 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.

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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On February 14, 2013 (78 FR 10589), EPA proposed to fully approve 
the following rules that were submitted for incorporation into the 
California SIP.

[[Page 53271]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
       Local agency           Rule No.         Rule title          Amended/adopted             Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD....................          214  Federal New Source     Amended 8/23/12......  9/26/12
                                          Review.
SMAQMD....................          217  Public Notice          Adopted 8/23/12......  9/26/12
                                          Requirements for
                                          Permits.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules based on a conclusion that they 
satisfy the applicable CAA requirements. Our proposed rule and related 
Technical Support Document (TSD) contain more information on the basis 
for this rulemaking and on our evaluation of the submitted rules.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment from the SMAQMD. We 
summarize the comment and provide our response below.
    Comment: The SMAQMD requested confirmation that EPA's final rule to 
approve Rule 214 and Rule 217 into the SIP will remove the 1984 version 
of Rule 202 (``New Source Review'') from the California SIP. The 
District stated that, based on EPA's statements in the TSD for a 
previous rulemaking action on SMAQMD permitting rules that were 
intended to replace Rule 202 in the SIP (76 FR 43183, July 20, 2011), 
the District had expected that Rule 202 would be removed from the SIP 
but that the necessary language to amend the California SIP in 40 CFR 
part 52 had not been included in EPA's final rule. The SMAQMD stated 
that it supports EPA's proposed approvals and requests only that the 
regulatory language to delete Rule 202 from the SIP be included in 
EPA's final action on Rule 214 and Rule 217.
    EPA Response: We agree with the District that SMAQMD Rule 202 
should have been removed from the California SIP as a result of the 
referenced July 20, 2011 final action on SMAQMD permitting rules that 
were intended to replace Rule 202. Specifically, on July 20, 2011, EPA 
finalized a full approval of Rule 203 and limited approval/limited 
disapproval of Rule 214. See 76 FR 43183 (July 20, 2011). EPA explained 
in the proposal for this rulemaking that ``[t]hese two new rules will 
replace in its entirety, the existing SIP approved NSR/PSD programs 
contained in Rule 202.'' 76 FR 28942 at 28943 (May 19, 2011); see also 
U.S. EPA, Region IX, Technical Support Document for EPA's Notice of 
Proposed Rulemaking for the California SIP, Sacramento Metropolitan Air 
Quality Management District, Rule 214 (Federal New Source Review), Rule 
203 (Prevention of Significant Deterioration), May 6, 2011, at 1 
(``Upon approval into the SIP, [Rules 214 and 203] will replace current 
SIP Rule 202--New Source Review, which was approved into the SIP by EPA 
on June 19, 1985 (50 FR 25417).'' EPA received no comments on this 
proposed rule and finalized the rulemaking as proposed. See 76 FR 43183 
(July 20, 2011). In the final regulatory text codifying this final 
action, however, EPA incorporated Rule 214 and Rule 203 into the SIP 
but neglected to remove Rule 202. See 76 FR at 43185.
    In response to SMAQMD's comment, we are making a technical 
amendment to 40 CFR 52.220 to correct this error by removing Rule 202 
from the SMAQMD portion of the California SIP. This technical amendment 
makes no change to the substance of our July 20, 2011 final action or 
to today's final action to fully approve Rule 214 and Rule 217 into the 
California SIP.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Rule 214 and Rule 217 satisfy the applicable CAA 
requirements. Therefore, under CAA section 110(k)(3) and for the 
reasons set forth in our February 14, 2013 proposed rule, we are fully 
approving Rule 214 and Rule 217. This action incorporates the submitted 
rules into the SMAQMD portion of the California SIP and makes them 
federally enforceable.
    Simultaneously, we are making a technical amendment to 40 CFR 
52.220 to remove Rule 202 from the SIP, consistent with the District's 
intent and EPA's final rule at 76 FR 43183 (July 20, 2011).

IV. 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 final 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 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.

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter,

[[Page 53272]]

Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 25, 2013.
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 paragraphs (c)(159)(i)(B) and 
(c)(427) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (159) * * *
    (i) * * *
    (A) * * *
    (B) Previously approved on February 6, 1985 and now deleted without 
replacement: Rule 202.
* * * * *
    (427) New and amended regulations for the following APCDs were
    submitted on September 26, 2012, by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 214, ``Federal New Source Review,'' amended on August 23, 
2012.
    (2) Rule 217, ``Public Notice Requirements for Permits,'' adopted 
on August 23, 2012.
[FR Doc. 2013-20920 Filed 8-28-13; 8:45 am]
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