[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60047-60049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25141]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0542; FRL-9933-52-Region 9]


Revision of Air Quality Implementation Plan; California; Feather 
River Air Quality Management 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 Feather River Air Quality 
Management District (FRAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns a permitting rule 
that regulates construction and modification of stationary sources of 
air pollution. These revisions correct deficiencies in FRAQMD Rule 
10.1, 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 December 4, 2015 without further 
notice, unless EPA receives adverse comments by November 4, 2015. 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-
2015-0542, 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 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-2015-0542. 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: Lornette Harvey, EPA Region IX, (415) 
972-3498, [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. Incorporation by Reference
IV. 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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          Local agency                 Rule No.           Rule title            Amended            Submitted
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FRAQMD..........................               10.1   New Source Review.           10/06/14            11/06/14
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    On December 18, 2014, EPA determined that the submittal for FRAQMD 
Rule 10.1 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.

[[Page 60048]]

B. Are there other versions of this rule?

    EPA approved a previous version of Rule 10.1, 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 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 jurisdiction of the FRAQMD consists of two counties, Yuba and 
Sutter, and contains two nonattainment areas. See 40 CFR 81.305. The 
first nonattainment area is the ``Sutter Buttes'' area, which consists 
of the area located in the District which is above 2000 feet of 
elevation. This area is designated nonattainment for the 2008 ozone 
NAAQS.
    The second nonattainment area is the south ``Sutter'' area, which 
is part of the Sacramento Metro Nonattainment Area. This area is also 
designated nonattainment for the 2008 ozone NAAQS.
    Since the District adopted the latest revisions to Rule 10.1, the 
``Yuba City-Marysville'' area, which consists of all of Sutter County 
and a portion of Yuba County, has been redesignated as attainment for 
the 2006 PM2.5 NAAQS. See 79 FR 72981 (December 9, 2014).
    Because of the nonattainment areas located in the FRAQMD, the 
District 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 
Yuba and Sutter Counties that applies, at a minimum, to new or modified 
major stationary sources of the following pollutants: Volatile organic 
compounds (VOCs), and nitrogen oxides (NOX).\1\
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    \1\ VOCs and NOX are subject to NNSR as ozone precursors. See 40 
CFR 51.165(a)(1)(xxxvii)(C).
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    Rule 10.1, 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. FRAQMD amended and submitted Rule 
10.1 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).

B. Does the rule meet the evaluation criteria?

    Our September 24, 2013 action identified two deficiencies in Rule 
10.1. First, Sections B.4 and B.5 contained language that was too broad 
because it exempted certain pollutants from all the requirements in 
Section E, if EPA redesignated the area from nonattainment to 
attainment, instead of only exempting those pollutants from the 
requirements for major sources. Second, the definition of ``NSR 
Regulated Pollutant'' did not specify that the term included gaseous 
emissions which condense to form either PM10 or 
PM2.5, respectively.
    The first deficiency was corrected by narrowing the language 
contained in Sections B.4 and B.5 to only exempt a source from the 
requirements of Sections E.1.b, E.2.a.2, E.5, E.7 and E.8, which apply 
to major sources emitting nonattainment pollutants, if EPA re-
designates any of the nonattainment portions of the District to 
attainment for PM2.5 or ozone.
    The second deficiency was corrected by adding a second sentence to 
both Sections D.34 and D.35, which reads as follows: ``Gaseous 
emissions which condense to form particulate matter at ambient 
temperatures shall be included.'' Adding this sentence to each section 
clarifies that condensable gases emissions, which condense to form 
either PM10 or PM2.5, must be counted as 
PM10 or PM2.5, respectively.
    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 November 6, 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 notice, 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 51.165 for new or modified major stationary sources proposing to 
locate within the District. Final approval of Rule 10.1 would correct 
all deficiencies in FRAQMD'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 November 4, 2015, 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 December 4, 2015. 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.

III. 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 incorporating by reference the FRAQMD Rule 10.1, as 
discussed in section I.A of this preamble. The EPA has made, and will

[[Page 60049]]

continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

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 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).
    In addition, 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 4, 2015. 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 section 307(b)(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: August 21, 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 paragraph (c)(457)(i)(A)(4) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (A) * * *
    (4) Rule 10.1, ``New Source Review,'' amended on October 6, 2014.
* * * * *

[FR Doc. 2015-25141 Filed 10-2-15; 8:45 am]
 BILLING CODE 6560-50-P