[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69880-69883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28624]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0257; FRL-9934-89-Region 9]


Approval of Air Plans; California; Multiple Districts; Prevention 
of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action under section 110 of the Clean Air Act (CAA or Act) to approve a 
State Implementation Plan (SIP) revision for five California air 
districts. The State of California (State) is required by the CAA to 
adopt and implement a SIP-approved Prevention of Significant 
Deterioration (PSD) permit program. This SIP revision incorporates PSD 
rules for five local California air districts into the California SIP 
to establish a PSD permit program for pre-construction review of 
certain new and modified major stationary sources in attainment and 
unclassifiable areas located within these districts. The local air 
districts with PSD rules that are the subject of this action are the 
Feather River Air Quality Management District (Feather River or 
FRAQMD), Great Basin Unified Air Pollution Control District (Great 
Basin or GBUAPCD), Butte County Air Quality Management District (Butte 
or BCAQMD), Santa Barbara County Air Pollution Control District (Santa 
Barbara or SBAPCD), and San Luis Obispo County Air Pollution Control 
District (San Luis Obispo or SLOAPCD)--collectively, the Districts.

DATES: This rule is effective on December 14, 2015.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0257 
for this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. Some docket 
materials, however, may be publicly available only at the hard copy 
location (e.g., voluminous records, maps, copyrighted material), and 
some may not be publicly 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: Lisa Beckham, EPA Region IX, (415) 
972-3811, [email protected].

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

Table of Contents

I. Background
II. The EPA's Evaluation of the SIP Revision
    A. Summary of the EPA's Proposed Action
    B. Public Comments and the EPA's Responses
    C. What action is the EPA finalizing?
III. The EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110(a) of the CAA requires states to adopt and submit 
regulations for the implementation, maintenance and enforcement of the 
primary and secondary NAAQS. Specifically, sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the Act require such state 
plans to meet the applicable requirements of section 165 relating to a 
pre-construction permit program for the prevention of significant 
deterioration of air quality and visibility protection. The rules 
reviewed for this action are intended to implement a pre-construction 
PSD permit program as required by section 165 of the CAA for certain 
new and modified major stationary sources located in attainment and 
unclassifiable areas. Because the State does not currently have a SIP-
approved PSD program within the Districts, the EPA is currently the PSD 
permitting authority within these Districts under a Federal 
Implementation Plan (FIP). Approval of the Districts' PSD rules into 
the SIP will transfer PSD permitting authority from the EPA to the 
Districts. The EPA will then assume the role of overseeing the 
Districts' PSD permitting programs, as intended by the CAA.
    For a more detailed discussion of the District's rules, please 
refer to our proposed approval. See 80 FR 44001 (July 24, 2015).

II. The EPA's Evaluation of the SIP Revision

A. Summary of the EPA's Proposed Action

    On July 24, 2015 (80 FR 44001), the EPA proposed approval of the 
Districts' PSD rules into the California SIP. We proposed to approve 
these rules because we determined that they satisfied the applicable 
CAA requirements. Our proposed rule and related Technical Support 
document (TSD) contain more information about the basis for this 
rulemaking and our evaluation of the pertinent State SIP revision 
submittals.

B. Public Comments and the EPA's Responses

    EPA's proposed approval action for this SIP revision provided a 30-
day public comment period. We did not receive any comments on our 
proposed action.

C. What action is the EPA finalizing?

    The EPA is finalizing a SIP revision for each District's portion of 
the California SIP, consistent with our proposed approval action. The 
SIP revision will be codified in 40 CFR 52.220 by incorporating by 
reference the rules listed in Table 1. On June 1, 2015, the California 
Air Resources Board (CARB) requested the withdrawal from its earlier 
SIP submittals of the portion of each District PSD rule that 
incorporates by reference a particular federal PSD rule provision--40 
CFR 52.21(b)(49)(v). As such, our approval of these local District 
rules does not include the rules' incorporation by reference of 40 CFR 
52.21(b)(49)(v).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
         Local  agency             Rule No.               Rule title                  Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.........................        10.10  Prevention of Significant                 8/1/2011       4/22/2013
                                               Deterioration.
GBUAPCD........................          221  Prevention of Significant                 9/5/2012        2/6/2013
                                               Deterioration (PSD) Permit
                                               Requirements for New Major
                                               Facilities or Major Modifications
                                               in Attainment or Unclassifiable
                                               Areas.
BCAQMD.........................         1107  Prevention of Significant                6/28/2012        2/6/2013
                                               Deterioration (PSD) Permits.
SBAPCD.........................          810  Federal Prevention of Significant        6/20/2013       2/10/2014
                                               Deterioration (PSD).

[[Page 69881]]

 
SLOAPCD........................          220  Federal Prevention of Significant        1/22/2014       5/13/2014
                                               Deterioration.
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    In addition, letters from the Districts to the EPA providing 
certain clarifications regarding their PSD rules and the requirements 
of 40 CFR 51.166 will be included as additional material in 40 CFR 
52.220. We are also revising 40 CFR 52.270 to reflect that upon the 
effective date of this final rule, each District will have a SIP-
approved PSD program and will no longer be subject to the FIP for the 
PSD program. This SIP revision provides a federally approved and 
enforceable mechanism for each of the Districts to issue pre-
construction PSD permits for certain new and modified major stationary 
sources subject to PSD review within the relevant District.
    As discussed in the EPA's proposal, with the exception of San Luis 
Obispo, the Districts requested approval to exercise their authority to 
administer the PSD program with respect to those sources located in the 
relevant District that have existing PSD permits issued by the EPA, 
including authority to conduct general administration of these existing 
permits, authority to process and issue any and all subsequent PSD 
permit actions relating to such permits (e.g., modifications, 
amendments, or revisions of any nature), and authority to enforce such 
permits. Pursuant to the criteria in section 110(a)(2)(E)(i) of the 
CAA, we have determined that the four Districts have the authority, 
personnel, and funding to implement the PSD program within the relevant 
District for existing EPA-issued permits and therefore are transferring 
authority for such permits to the four Districts concurrent with the 
effective date of the EPA's approval of the Districts' PSD program into 
the SIP. The EPA intends to provide a copy of each such permit to the 
relevant District.

III. The EPA's Final Action

    The EPA is approving five PSD rules submitted by CARB to establish 
a PSD permit program for pre-construction review of certain new and 
modified major stationary sources in attainment or unclassifiable 
areas. We are approving these rules as a revision to the California SIP 
pursuant to section 110(k)(3) of the Act. Specifically, we are 
approving the rules listed in Table 1, except for the portion of each 
rule that incorporates by reference 40 CFR 52.21(b)(49)(v), which was 
subsequently withdrawn from CARB's request for SIP approval, as 
explained in more detail in our proposal. See 80 FR at 44003-04. Our 
determination is based, in part, on the clarifications provided by the 
Districts related to the implementation of the PSD program, including 
the clarifications related to Significant Impact Levels (SILs) and the 
Significant Monitoring Concentrations (SMC) for PM2.5, in 
letters dated November 13, 2014, November 25, 2014, December 16, 2014, 
December 18, 2014, April 8, 2015, and April 15, 2015. See 80 FR at 
44002-03. We are including these clarification letters as additional 
material in 40 CFR 52.220.

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 rules 
listed in Table 1, with the exception of certain provisions 
incorporated into those rules as discussed in Section III. The EPA has 
made, and will 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).

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. 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 (Public Law 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 CAA; and
     does not provide the 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 the 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. The 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

[[Page 69882]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 11, 2016. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 9, 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)(428)(i)(E) and 
(F), (c)(428)(ii), (c)(429)(i)(D), (c)(429)(ii), (c)(441)(i)(F), 
(c)(441)(ii), (c)(442)(i)(H), and (c)(442)(ii) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (428) * * *
    (i) * * *
    (E) Great Basin Unified Air Pollution Control District.
    (1) Rule 221, ``Prevention of Significant Deterioration (PSD) 
Permit Requirements for New Major Facilities or Major Modifications in 
Attainment or Unclassifiable Areas,'' except for the incorporation by 
reference of 40 CFR 52.21(b)(49)(v) into sections C. and D3, adopted on 
September 5, 2012.
    (F) Butte County Air Quality Management District.
    (1) Rule 1107, ``Prevention of Significant Deterioration (PSD) 
Permits,'' except for the incorporation by reference of 40 CFR 
52.21(b)(49)(v) into sections 3 and 4.1, adopted on June 28, 2012.
    (ii) Additional materials.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Letter dated November 13, 2014 from Theodore D. Schade, Great 
Basin Unified Air Pollution Control District, to Gerardo Rios, United 
States Environmental Protection Agency Region 9, regarding 
clarifications of District Rule 221 and 40 CFR 51.166.
    (2) Letter dated April 15, 2015, from Phillip L. Kiddoo, Great 
Basin Unified Air Pollution Control District, to Gerardo Rios, United 
States Environmental Protection Agency Region 9, regarding additional 
clarifications of District Rule 221 and 40 CFR 51.166.
    (B) Butte County Air Quality Management District.
    (1) Letter dated November 13, 2014, from W. James Wagoner, Butte 
County Air Quality Management District, to Gerardo Rios, United States 
Environmental Protection Agency Region 9, regarding clarifications of 
District Rule 1107 and 40 CFR 51.166.
    (2) Letter dated April 8, 2015, from W. James Wagoner, Butte County 
Air Quality Management District, to Gerardo Rios, United States 
Environmental Protection Agency Region 9, regarding additional 
clarifications of District Rule 1107 and 40 CFR 51.166.
    (429) * * *
    (i) * * *
    (D) Feather River Air Quality Management District.
    (1) Rule 10.10, ``Prevention of Significant Deterioration,'' except 
for the incorporation by reference of 40 CFR 52.21(b)(49)(v) into 
sections B and F.1, adopted on August 1, 2011.
    (ii) Additional materials.
    (A) Feather River Air Quality Management District.
    (1) Letter dated December 18, 2014 from Christopher D. Brown, 
Feather River Air Quality Management District, to Gerardo Rios, United 
States Environmental Protection Agency Region 9, regarding 
clarifications of District Rule 10.10 and 40 CFR 51.166.
* * * * *
    (441) * * *
    (i) * * *
    (F) San Luis Obispo County Air Pollution Control District.
    (1) Rule 220, ``Federal Prevention of Significant Deterioration,'' 
except for the incorporation by reference of 40 CFR 52.21(b)(49)(v) 
into sections B and D.3., amended on January 22, 2014.
    (ii) Additional materials.
    (A) San Luis Obispo County Air Pollution Control District.
    (1) Letter dated December 16, 2014 from Larry R. Allen, San Luis 
Obispo County Air Pollution Control District, to Gerardo Rios, United 
States Environmental Protection Agency Region 9, regarding 
clarifications of District Rule 220 and 40 CFR 51.166.
    (442) * * *
    (i) * * *
    (H) Santa Barbara County Air Pollution Control District.
    (1) Rule 810, ``Federal Prevention of Significant Deterioration 
(PSD),'' except for the incorporation by reference of 40 CFR 
52.21(b)(49)(v) into sections B and D.3., amended on June 20, 2013.
    (ii) Additional materials.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Letter dated November 25, 2014 from David Van Mullem, Santa 
Barbara County Air Pollution Control District, to Gerardo Rios, United 
States Environmental Protection Agency Region 9, regarding 
clarifications of District Rule 810 and 40 CFR 51.166.
* * * * *

0
3. Section 52.270 is amended by adding paragraphs (b)(11) through (15) 
to read as follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (11) The PSD program for the Great Basin Unified Air Pollution 
Control District (GBUAPCD), as incorporated by reference in Sec.  
52.220(c)(428), is approved under Part C, Subpart 1, of the Clean Air 
Act. For PSD permits previously issued by EPA pursuant to Sec.  52.21 
to sources located in the GBUAPCD, this approval includes the authority 
for the GBUAPCD to conduct general administration of these existing 
permits, authority to process and issue any and all subsequent permit 
actions relating to such permits, and authority to enforce such 
permits.
    (12) The PSD program for the Butte County Air Quality Management 
District (BCAQMD), as incorporated by reference in Sec.  
52.220(c)(428), is approved under Part C, Subpart 1, of the Clean Air 
Act. For PSD permits previously issued by EPA pursuant to Sec.  52.21 
to sources located in the BCAQMD, this approval includes the

[[Page 69883]]

authority for the BCAQMD to conduct general administration of these 
existing permits, authority to process and issue any and all subsequent 
permit actions relating to such permits, and authority to enforce such 
permits.
    (13) The PSD program for the Feather River Air Quality Management 
District (FRAQMD), as incorporated by reference in Sec.  
52.220(c)(429), is approved under Part C, Subpart 1, of the Clean Air 
Act. For PSD permits previously issued by EPA pursuant to Sec.  52.21 
to sources located in the FRAQMD, this approval includes the authority 
for the FRAQMD to conduct general administration of these existing 
permits, authority to process and issue any and all subsequent permit 
actions relating to such permits, and authority to enforce such 
permits.
    (14) The PSD program for the San Luis Obispo County Air Pollution 
Control District (SLOAPCD), as incorporated by reference in Sec.  
52.220(c)(441), is approved under Part C, Subpart 1, of the Clean Air 
Act.
    (15) The PSD program for the Santa Barbara County Air Pollution 
Control District (SBAPCD), as incorporated by reference in Sec.  
52.220(c)(442), is approved under Part C, Subpart 1, of the Clean Air 
Act. For PSD permits previously issued by EPA pursuant to Sec.  52.21 
to sources located in the SBAPCD, this approval includes the authority 
for the SBAPCD to conduct general administration of these existing 
permits, authority to process and issue any and all subsequent permit 
actions relating to such permits, and authority to enforce such 
permits.

[FR Doc. 2015-28624 Filed 11-10-15; 8:45 am]
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