[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47302-47304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0583; FRL-9949-24-Region 9]


Approval of California Air Plan Revisions, Mojave Desert Air 
Quality Management District, Riverside County Air Pollution Control 
District, and San Bernardino County Air Pollution Control District

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 rescissions from the Mojave Desert Air Quality 
Management District (MDAQMD) portion of the California State 
Implementation Plan (SIP), as it applies to rules approved into the SIP 
for the Riverside County Air Pollution Control District (RCAPCD) and 
San Bernardino County Air Pollution Control District (SBCAPCD). These 
revisions concern superseded New Source Review (NSR) rules. We are 
approving the rescission of rules under the Clean Air Act as amended in 
1990 (CAA or the Act).

DATES: This rule is effective on September 19, 2016 without further 
notice, unless the EPA receives adverse comments by August 22, 2016. 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0583 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, (415) 
972-3407, [email protected].

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

Table of Contents

I. Background
II. The State's Submittal
    A. What rules did the State submit for rescission?
    B. What are the purposes of the submitted rule rescissions?
III. Evaluation and Action
    A. How is the EPA evaluating the rescission of the rules?
    B. Do the rule rescissions meet the evaluation criteria?
    C. Public Comment and Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The California Air Resources Board (CARB) submitted Riverside 
County Air Pollution Control District (RCAPCD) and San Bernardino 
County Air Pollution Control District (SBCAPCD) Rules 213, 213.1, and 
213.2, which address Clean Air Act (CAA) requirements for New Source 
Review (NSR) programs, to the EPA on June 6, 1977 for inclusion in the 
California SIP. The EPA approved RCAPCD Rules 213, 213.1, and 213.2 and 
SBCAPCD Rules 213, 213.1, and 213.2 into the SIP on November 9, 1978 
(43 FR 52237). The area under the jurisdiction of RCAPCD and SBCAPCD at 
the time these rules were submitted is now under the jurisdiction of 
the Mojave Desert Air Quality Management District (MDAQMD) and the 
South Coast Air Quality Management District (SCAQMD). More information 
about the jurisdictional history of this area is found in the EPA's 
Technical Support Document (TSD) accompanying this rulemaking.
    CARB has since submitted and the EPA has approved into the 
California SIP a series of NSR rules for MDAQMD and SCAQMD referred to 
as Regulation XIII. These rules supersede, among other rules, Rules 
213, 213.1, and 213.2. This rulemaking action clarifies the applicable 
NSR rules for the Mojave Desert air district by removing from the 
Mojave Desert portion of the California SIP RCAPCD Rules 213, 213.1, 
and 213.2 and SBCAPCD Rules 213, 213.1, and 213.2.
    RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1, 
203.2, and 213.3 also address NSR requirements. However, we can find no 
evidence that RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules 
203.1, 203.2, and 213.3 were ever submitted for SIP approval. 
Consequently, we are taking no action on the rescission of RCAPCD Rules 
203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1, 203.2, and 213.3.

II. The State's Submittal

A. What rules did the State submit for rescission?

    MDAQMD rescinded Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 
on April 28, 2008, and CARB submitted the rescissions adopted by MDAQMD 
as a revision to the California SIP on October 20, 2008. As noted 
above, these rules had originally been adopted by RCAPCD and SBCAPCD 
and approved by the EPA as part of the California SIP. More than a 
decade later, when MDAQMD was established, MDAQMD adopted the rules 
that had been adopted by the previous air pollution control district as 
part of that agency's initial set of rules and regulations. MDAQMD's 
submittal of the rescissions to CARB for submittal to the EPA make it 
clear that the rescissions relate to the corresponding SIP rules from 
which the corresponding MDAQMD rules derive. As such, CARB's submittal 
of the rescission of MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 
213.3 constitutes the rescission of the corresponding SIP rules, i.e., 
RCAPCD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and SBCAPCD 
Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. Table 1 lists these 
rules, along with SIP approval dates (if any).

[[Page 47303]]



          Table 1--Rules Requested for Rescission From the Mojave Desert Portion of the California SIP
----------------------------------------------------------------------------------------------------------------
                                   Agency when rule
         Current agency           was  submitted to     Rule No.            Rule title         SIP approval date
                                         SIP                                                    and FR citation
----------------------------------------------------------------------------------------------------------------
MDAQMD/SCAQMD...................  RCAPCD                      203.1  Special Permit           Not in SIP.
                                                                      Provisions.
MDAQMD/SCAQMD...................  RCAPCD                      203.2  Eligibility of           Not in SIP.
                                                                      Compensatory Emission
                                                                      Reductions.
MDAQMD/SCAQMD...................  RCAPCD                        213  Standards for Permits    11/09/78 43 FR
                                                                      to Construct: Air        52237.
                                                                      Quality Impact.
MDAQMD/SCAQMD...................  RCAPCD                      213.1  Standards for Permits    11/09/78 43 FR
                                                                      to Operate: Air          52237.
                                                                      Quality Impact.
MDAQMD/SCAQMD...................  RCAPCD                      213.2  Definitions for Rules    11/09/78 43 FR
                                                                      213, 213.1, and 213.3.   52237.
MDAQMD/SCAQMD...................  RCAPCD                      213.3  Additional Standards     Not in SIP.
                                                                      for Permits to
                                                                      Construct and Operate.
MDAQMD..........................  SBCAPCD                     203.1  Special Permit           Not in SIP.
                                                                      Provisions.
MDAQMD..........................  SBCAPCD                     203.2  Eligibility of           Not in SIP.
                                                                      Compensatory Emission
                                                                      Reductions.
MDAQMD..........................  SBCAPCD                       213  Standards for Permits    11/09/78 43 FR
                                                                      to Construct: Air        52237.
                                                                      Quality Impact.
MDAQMD..........................  SBCAPCD                     213.1  Standards for Permits    11/09/78 43 FR
                                                                      to Operate: Air          52237.
                                                                      Quality Impact.
MDAQMD..........................  SBCAPCD                     213.2  Definitions for Rules    11/09/78 43 FR
                                                                      213, 213.1, and 213.3.   52237.
MDAQMD..........................  SBCAPCD                     213.3  Additional Standards     Not in SIP.
                                                                      for Permits to
                                                                      Construct and Operate.
----------------------------------------------------------------------------------------------------------------

    On November 18, 2008, we determined that CARB's October 20, 2008 
SIP revision met the completeness criteria in 40 CFR part 51, appendix 
V, which must be met before formal review by the EPA.

B. What are the purposes of the submitted rule rescissions?

    SBCAPCD and RCAPCD rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 
have been superseded by MDAQMD Regulation XIII and SCAQMD Regulation 
XIII. CARB has requested that these SBCAPCD and RCAPCD rules be 
rescinded from the SIP for the purpose of clarifying the SIP and to 
avoid confusion as to the SIP status of these rules. This action 
represents an administrative change and does not result in changes to 
SIP approved Regulation XIII that contains the current NSR program. A 
more detailed discussion of these rules is found in the TSD 
accompanying this rulemaking.

III. Evaluation and Action

A. How is the EPA evaluating the rescission of the rules?

    The EPA is evaluating the rules submitted for rescission by CARB to 
determine whether they were ever approved in the relevant portion of 
the SIP, and if they had been approved in the SIP, whether they have 
been superseded by approval of subsequent rules by the EPA.

B. Do the rule rescissions meet the evaluation criteria?

    The provisions contained in RCAPCD Rules 213, 213.1, and 213.2 and 
SBCAPCD Rules 213, 213.1, and 213.2 have been superseded by MDAQMD 
Regulation XIII, Rules 1300-1306 (61 FR 58133) and SCAQMD Regulation 
XIII, Rules 1301-1306, 1309-1310, 1313, and 1325 (50 FR 3906, 61 FR 
64291, 64 FR 13514, 71 FR 35157, 80 FR 24821). The rescission of 
superseded rules is consistent with the relevant policy and guidance 
regarding enforceability and SIP relaxations. We can find no evidence 
that RCAPCD Rules 203.1, 203.2, and 213.3 and SBCAPCD Rules 203.1, 
203.2, and 213.3 were ever approved into the SIP, therefore no action 
is necessary to remove them. The TSD has more information on our 
evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, the EPA is fully 
approving the rescission of RCAPCD Rules 213, 213.1, and 213.2 and 
SBCAPCD Rules 213, 213.1, and 213.2 because we have concluded that they 
were superseded years ago by approval by the EPA of subsequent rules 
and thus are no longer part of the applicable California SIP, and 
because rescission of them will clarify the contents of the MDAQMD 
portion of the SIP and avoid confusion as the SIP status of these 
rules. 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 rescissions. If we receive adverse 
comments by August 22, 2016, 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 September 19, 2016. This action will rescind specific rules 
from the federally enforceable SIP.
    Please note that if the 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, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

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, the 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

[[Page 47304]]

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 Clean Air Act; 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 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 September 19, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Reporting and recordkeeping 
requirements.

    Dated: June 24, 2016.
Alexis Strauss,
Acting 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)(39)(ii)(J) and 
(c)(39)(iv)(J) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (39) * * *
    (ii) * * *
    (J) Previously approved on November 9, 1978 in paragraph 
(c)(39)(ii)(B) of this section and now deleted without replacement: 
Rules 213, 213.1, and 213.2.
* * * * *
    (iv) * * *
    (J) Previously approved on November 9, 1978 in paragraph 
(c)(39)(iv)(B) of this section and now deleted without replacement: 
Rules 213, 213.1, and 213.2.
* * * * *
[FR Doc. 2016-17171 Filed 7-20-16; 8:45 am]
 BILLING CODE 6560-50-P