[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Rules and Regulations]
[Pages 58263-58266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23003]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0538; FRL-9915-51-Region 9]
Revision of Air Quality Implementation Plan; California; Placer
County Air Pollution Control District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Placer County Air Pollution
Control District (PCAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns a permitting rule
that regulates construction and modification of major stationary
sources of air pollution. These revisions correct deficiencies in
PCAPCD Rule 502, New Source Review, previously identified by EPA in a
final rule dated September 24, 2013. We are approving revisions that
correct the identified deficiencies.
DATES: This rule is effective on November 28, 2014 without further
notice, unless EPA receives adverse comments by October 29, 2014. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0538, by one of the following methods:
1. Federal eRulemaking Portal: http://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 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 email. 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
[[Page 58264]]
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. 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-2014-0538. 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 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: La weeda Ward, EPA Region IX, (213)
244-1812, [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 revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule we are approving with the date it was
adopted by the local air agency and submitted to EPA by the California
Air Resources Board (CARB).
Table 1--Submitted Rule
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Rule Rule title Amended Submitted
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PCAPCD................................. 502 New Source Review......... 8/8/13 5/13/14
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On July 18 2014, EPA determined that the submittal for PCAPCD Rule
502 met the completeness criteria in 40 CFR part 51, appendix V,
including evidence of public adoption of this regulation, which must be
met before formal EPA review.
B. Are there other versions of this rule?
EPA approved a previous version of Rule 502, into the SIP on
September 24, 2013 (78 FR 58460).
C. What is the purpose of the submitted rule revision?
Section 110(a)(2) of the Clean Air Act (CAA) requires that each SIP
include, among other things, a preconstruction permit program to
provide for regulation of the construction and modification of
stationary sources within the areas covered by the plan as necessary to
assure that the National Ambient Air Quality Standards (NAAQS) are
achieved, including a permit program as required in parts C and D of
title I of the CAA. For areas designated as nonattainment for one or
more NAAQS, the SIP must include preconstruction permit requirements
for new or modified major stationary sources of such nonattainment
pollutant(s), commonly referred to as ``Nonattainment New Source
Review'' or ``NNSR.'' CAA 172(c)(5).
The portion of Placer County that lies within the Sacramento Metro
air basin is currently designated severe nonattainment for both the
1997 and 2008 8-hour ozone NAAQS and moderate nonattainment for the
2006 24-hour PM2.5 NAAQS. See 40 CFR 81.305. Therefore,
California is required under part D of title I of the Act to adopt and
implement a SIP-approved NNSR program for the nonattainment portions of
Placer County that applies, at a minimum, to new or modified major
stationary sources of the following pollutants: volatile organic
compounds (VOCs), nitrogen oxides (NOX), particular matter
of 2.5 microns or less (PM2.5) and sulfur oxides
(SOx).\1\
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\1\ VOCs and NOX are subject to NNSR as ozone
precursors, and NOX and SOx are subject to
NNSR as PM2.5 precursors. See 40 CFR
51.165(a)(1)(xxxvii)(C).
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Rule 502, New Source Review, implements the NNSR requirements under
part D of title I of the CAA for new or modified major stationary
sources of nonattainment pollutants. The PCAPCD amended Rule 502 to
correct minor program deficiencies identified by EPA on September 24,
2013 (78 FR 58460).
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
EPA has reviewed the submitted permitting rule for compliance with
the CAA's general requirements for SIPs in CAA section 110(a)(2), EPA's
regulations for nonattainment stationary source permit programs in 40
CFR 51.165, and the CAA requirements for SIP revisions in CAA section
110(l).\2\
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\2\ Section 110(l) of the CAA require that SIP revisions undergo
reasonable notice and public hearing prior to adoption and submittal
by states to EPA and prohibits EPA from approving any SIP revision
that would interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.
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B. Does the rule meet the evaluation criteria?
With respect to procedures, CAA sections 110(a) and 110(l) require
that revisions to a SIP be adopted by the State after reasonable notice
and public hearing. EPA has promulgated specific procedural
requirements for SIP revisions in 40 CFR part 51, subpart F. These
requirements include publication of notices, by prominent advertisement
in the relevant geographic area, a public comment period of at least 30
days, and an opportunity for a public hearing.
Based on our review of the public process documentation included in
CARB's May 13, 2014 submittal, we find that the State has provided
sufficient evidence of public notice and opportunity for comment and
public hearing prior to adoption and submittal of this rule to EPA.
With respect to substantive requirements, EPA has reviewed the
submitted rule in accordance with the CAA and regulatory requirements
that apply to NNSR permit programs under part D of title I of the Act.
Based on our evaluation of this rule, as summarized in the Public
Comment and Final Action section of this document, we find that the
rule meets the CAA and regulatory requirements for NNSR permit programs
in part D of title I of the Act and EPA's NNSR implementing regulations
in 40 CFR section 51.165 for new or modified major stationary sources
proposing to locate within the District. Final
[[Page 58265]]
approval of Rule 502 would correct all deficiencies in PCAPCD's permit
program identified in our September 24, 2013 final rule. 78 FR 58460.
C. Public Comment and Final Action.
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by October 29, 2014, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on November 28, 2014. This will incorporate the
rule into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if 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.
For the reasons given above, under CAA section 110(k)(3) and
301(a), we are approving Rule 502. In the State's May 13, 2014
submittal, PCAPCD corrected certain deficiencies noted in our September
24, 2013 rule (78 FR 58460) that prevented full approval at that time.
The deficiencies for Rule 502 \3\ were: (1) An inadequate definition of
the term ``Regulated NSR Pollutant''; and (2) missing justification for
the stated PM2.5 interpollutant offset ratios. The first
deficiency was corrected by adding the following sentences to the
definitions of PM10 and PM2.5: ``Gaseous
emissions which condense to form PM10 shall also be counted
as PM10.'', and ``Gaseous emissions which condense to form
PM2.5 shall also be counted as PM2.5.'' The
second deficiency was corrected by deleting the following wording in
section 303.6.4 of the rule: ``The interpollutant offset ratios for
PM2.5 shall be: NOX to PM2.5--100:1
and SOX to PM2.5--40:1; and adding the wording
``Interpollutant emission offsets between PM2.5 and
PM2.5 precursors are not allowed unless modeling
demonstrates that PM2.5 interpollutant offset ratios are
appropriate in an approved PM2.5 attainment plan.'' This
language resolves the deficiency by prohibiting the use of
PM2.5 interpollutant offsets until a justification for
specified PM2.5 interpollutant offset ratios is approved
into the SIP.
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\3\ The submitted rule also corrects an issue with public notice
requirements regarding lead emissions. For a full review of all
revisions, please see the ``Placer County Air Pollution Control
District Staff Report, Rule 502, New Source Review, August 8,
2013'', which can also be found in the docket for this final action.
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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 (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 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, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 31, 2014.
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 paragraph (c)(441) (i)(B) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(441) * * *
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(i) * * *
(B) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' amended on August 8, 2013.
* * * * *
[FR Doc. 2014-23003 Filed 9-26-14; 8:45 am]
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