[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Rules and Regulations]
[Pages 15899-15901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06705]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0746; FRL-9924-49-Region 9]


Approval, Disapproval, and Limited Approval and Disapproval of 
Air Quality Implementation Plans; California; Monterey Bay Unified Air 
Pollution Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve certain revisions to the Monterey Bay Unified Air 
Pollution Control District (MBUAPCD or District) portion of the 
applicable state implementation plan (SIP) for the State of California 
and to disapprove certain other revisions. This action was proposed in 
the Federal Register on October 15, 2014. These revisions include 
submittal of certain new or revised rules governing the issuance of 
permits for stationary sources, including review and permitting of 
minor sources, and major sources and major modifications under part C 
of title I of the Clean Air Act (CAA). EPA is taking this action under 
the Clean Air Act obligation to take action on State submittals of 
revisions to state implementation plans. The intended effect is to 
update the applicable SIP with current MBUAPCD permitting rules and set 
the stage for remedying certain deficiencies in these rules.

DATES: This rule is effective on April 27, 2015.

ADDRESSES: EPA has established docket number [EPA-R09-OAR-2014-0746] 
for this action. 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 94105-
3901. While all documents in the docket 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 available in either location 
(e.g., confidential business information (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, by 
phone: (415) 972-3534 or by email at [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comment
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 15, 2014 (79 FR 61797), EPA proposed several actions in 
connection with certain revisions to the MBUAPCD portion of the 
California SIP submitted by the California Air Resources Board under 
the CAA. Table 1 lists the rules submitted for EPA action.

[[Page 15900]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Adopted or
                  Rule No.                                Rule title                  revised        Submitted
----------------------------------------------------------------------------------------------------------------
200........................................  Permits Required...................        12/13/00          5/8/01
203........................................  Application........................        10/16/02        12/12/02
204........................................  Cancellation of Applications.......         3/21/01         5/31/01
206........................................  Standards for Granting Applications         3/21/01         5/31/01
207........................................  Review of New or Modified Sources..         4/20/11         5/12/11
208........................................  Standards for Granting Permits to          12/13/00          5/8/01
                                              Operate (Request to Repeal).
212........................................  Public Availability of Emission            10/16/02        12/12/02
                                              Data.
----------------------------------------------------------------------------------------------------------------

    EPA proposed a combination of actions consisting of disapproval of 
Rule 200 (Permits), limited approval and limited disapproval of Rule 
207 (Review of New or Modified Sources), repeal of Rule 208 (Standards 
for Granting Permits to Operate) and approval of Rules 203 
(Application), 204 (Cancellation of Applications), 206 (Standards for 
Granting Applications) and 212 (Public Availability of Emission Data). 
We noted one specific deficiency in Rule 200 and several deficiencies 
in Rule 207 that are the basis for the disapproval actions. Please see 
the proposed notice and the associated TSD for a list of these 
deficiencies.

II. Public Comment

    EPA's proposed action provided a 30-day public comment period. 
During this time we received no comments.

III. EPA Action

    No comments were submitted to change our assessment of the rules as 
described in our proposed action. Pursuant to section 110(k) of the CAA 
and for the reasons provided in our proposed action and associated TSD, 
EPA is finalizing a limited approval and limited disapproval of Rule 
207, a full disapproval of Rule 200, full approval of Rules 203, 204, 
206 and 212 and the request to repeal Rule 208.
    Our full disapproval of Rule 200 means the current SIP approved 
version of Rule 200--Permits Required will remain in effect. (64 FR 
35577 July 1, 1999).
    The limited disapproval of Rule 207 triggers an obligation for EPA 
to promulgate a Federal Implementation Plan unless the State of 
California corrects the deficiencies, and EPA approves the related plan 
revisions within two years of the final action.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
MBUAPCD rules described in the amendments to 40 CFR 52.220 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

V. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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, 
Reporting and

[[Page 15901]]

recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 4, 2015.
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)(282)(i)(C)(2) and 
(3) and (c)(284)(i)(A)(5) and (c)(308)(i)(E) and (c)(453) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (282) * * *
    (i) * * *
    (C) * * *
    (2) Rule 204, ``Cancellation of Applications,'' revised on March 
21, 2001.
    (3) Rule 206, ``Standards for Issuing Authorities to Construct and 
Permits to Operate,'' revised on March 21, 2001.
* * * * *
    (284) * * *
    (i) * * *
    (A) * * *
    (5) Rule 200, ``Permits Required,'' revised on December 13, 2000.
* * * * *
    (308) * * *
    (i) * * *
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 203, ``Application,'' revised October 16, 2002.
    (2) Rule 212, ``Public Availability of Emission Data,'' revised on 
October 16, 2002.
* * * * *
    (453) New and amended regulations for the following APCDs were 
submitted on May 12, 2011.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 207, ``Review of New or Modified Sources,'' revised on 
April 20, 2011.

[FR Doc. 2015-06705 Filed 3-25-15; 8:45 am]
 BILLING CODE 6560-50-P