[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69390-69392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0240; FRL-9950-74-Region 9]


Approval and Limited Approval and Limited Disapproval of Air 
Quality Implementation Plans; California; Northern Sonoma County 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 finalizing action 
on five permitting rules submitted as a revision to the Northern Sonoma 
County Air Pollution Control District (NSCAPCD or District) portion of 
the applicable state implementation plan (SIP) for the State of 
California pursuant to requirements under the Clean Air Act (CAA or 
Act). We are finalizing a limited approval and limited disapproval of 
two rules; we are finalizing approval of the remaining three permitting 
rules; and we are deleting three rules. The amended rules govern the 
issuance of permits for stationary sources, including review and 
permitting of minor sources, major sources and major modifications 
under part C of title I of the Act. The limited disapproval actions 
trigger an obligation for EPA to promulgate a Federal Implementation 
Plan (FIP) for the specific New Source Review (NSR) program 
deficiencies unless California submits and we approve SIP revisions 
that correct the deficiencies within two years of the final action.

DATES: This rule will be effective on November 7, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2016-0240. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, 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. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 19, 2016 (81 FR 31567), the EPA proposed a limited approval 
and limited disapproval (LA/LD) or a full approval (as noted in the 
table) of the following rules that were submitted for incorporation 
into the Northern Sonoma County portion of the California SIP.

                                          Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
         Rule No.                   Rule title             Amended        Submitted         Proposed action
----------------------------------------------------------------------------------------------------------------
130.......................  Definitions..............        11/14/14        12/11/14  LA/LD.
200.......................  Permit Requirements......        11/14/14        12/11/14  Full Approval.
220.......................  New Source Review........        11/14/14        12/11/14  LA/LD.
230.......................  Action on Applications...        11/14/14        12/11/14  Full Approval.
240.......................  Permit to Operate........         2/22/84        10/16/85  Full Approval.
----------------------------------------------------------------------------------------------------------------

    We proposed a full approval of Rules 200, 230 and 240 because we 
determined that these rules improve the SIP and are consistent with the 
relevant CAA requirements. We proposed a limited approval of Rules 130 
and 220 because we determined that these rules improve the SIP and are 
largely consistent with the relevant CAA requirements. We 
simultaneously proposed a limited disapproval of Rules 130 and 220 
because some rule provisions conflict with section 110 and part C of 
the Act. These provisions include the following:
    A. The definition of Significant in Rule 130 does not include lead 
as a pollutant or provide a significant emission rate. The rule also 
does not provide a public notice threshold for lead.
    B. Rule 220 does not contain any provisions specifying that 
required air quality modeling shall be based on the applicable models, 
databases, and other requirements specified in Part 51 Appendix W; 
therefore, the requirements of 40 CFR 51.160(f) and 51.166(l) have not 
been meet.
    C. The text in Rule 220, Subsection (b)(3) contains a significant 
typographical error (the word ``not'' is missing) concerning the 
requirements pertaining to stack height.

[[Page 69391]]

    D. The requirements of 40 CFR 51.166(r)(1) and (2), regarding 
sources obligations, have not been met because the rule does not 
include the specific language required by these provisions.
    We also proposed to remove existing Rules 10, 12 and 18 from the 
SIP, as the submitted rules replaced the content of these rules. Our 
proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. EPA Action

    No comments were submitted. Therefore, as authorized in sections 
110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited 
approval of Rules 130 and 220 and a full approval of Rules 200, 230 and 
240. We are also deleting Rules 10, 12 and 18 from the Northern Sonoma 
County portion of the California SIP. This action incorporates the 
submitted rules into the Northern Sonoma County portion of the 
California SIP, including those provisions identified as deficient. As 
authorized under section 110(k)(3) and 301(a), the EPA is 
simultaneously finalizing a limited disapproval of Rules 130 and 220.
    As a result, the EPA must promulgate a federal implementation plan 
under section 110(c) unless we approve subsequent SIP revisions that 
correct the rule deficiencies within 24 months.
    In addition, because we are finalizing our proposed action, the 
California Infrastructure SIP deficiencies identified in our April 2016 
(81 FR 18766) rulemaking with respect to Northern Sonoma County APCD 
for the 1997 and 2006 PM2.5 NAAQS are remedied. Therefore we 
are updating the Northern Sonoma County portion of the California SIP 
accordingly.

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 finalizing the incorporation by reference of the 
NSCAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and in 
hard copy at the U.S. Environmental Protection Agency, Region IX (Air-
3), 75 Hawthorne Street, San Francisco, CA 94105-3901.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 5, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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

[[Page 69392]]

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, Carbon monoxide, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds, Reporting and recordkeeping requirements.

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

    Dated: August 5, 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--[AMENDED]

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)(6)(xvi)(D), 
(c)(35)(xvi)(D), (c)(42)(xxi)(B), (c)(50)(v)(C), (c)(124)(ix)(D), 
(c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(4) and (5), 
(c)(165)(i)(A)(2), (c)(254)(i)(B)(2), (c)(385)(i)(B)(2), and 
(c)(480)(i)(A) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (6) * * *
    (xvi) * * *
    (D) Previously approved on September 22, 1972 in paragraph (c)(6) 
of this section and now deleted without replacement, Rules 10, 12 and 
18.
* * * * *
    (35) * * *
    (xvi) * * *
    (D) Previously approved on August 16, 1978 in paragraph 
(c)(35)(xvi)(B) of this section and now deleted without replacement, 
Rule 130.
* * * * *
    (42) * * *
    (xxi) * * *
    (B) Previously approved on December 21, 1978 in paragraph 
(c)(42)(xxi)(A) of this section and now deleted with replacement in 
paragraph (c)(164)(i)(B)(4) of this section, Rule 240(e).
* * * * *
    (50) * * *
    (v) * * *
    (C) Previously approved on October 31, 1980 in paragraph 
(c)(50)(v)(A) of this section and now deleted with replacement in 
paragraph (c)(164)(i)(B)(4) of this section, Rule 240.
* * * * *
    (124) * * *
    (ix) * * *
    (D) Previously approved on July 31, 1985 in paragraph 
(c)(124)(ix)(B) of this section and now deleted without replacement, 
Rule 130 (introductory text, b1, n1, p5, and s2), and now deleted with 
replacement in paragraphs (c)(481)(i)(A)(3) and (4) of this section, 
Rules 220(c) and 230.
* * * * *
    (156) * * *
    (vi) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(156)(vi)(A) of this section and now deleted without replacement, 
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in 
paragraph (c)(481)(i)(A)(3) of this section, Chapter II, 220(B).
* * * * *
    (162) * * *
    (i) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(162)(i)(A) of this section and now deleted with replacement in 
paragraph (c)(481)(i)(A)(3) of this section, Rule 220(a).
* * * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (4) Rule 240, ``Permit to Operate,'' adopted on February 22, 1984.
    (5) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130 (d1 and s5), and now deleted with replacement in paragraph 
(c)(481)(i)(A)(2) of this section, Rule 200(a).
* * * * *
    (165) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on April 17, 1987 in paragraph 
(c)(165)(i)(A)(1) of this section and now deleted without replacement, 
Rule 130 (s4).
* * * * *
    (254) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on February 9, 1999 in paragraph 
(c)(254)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130.
* * * * *
    (385) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on May 6, 2011 in paragraph 
(c)(385)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(481)(i)(A)(1) of this section, Rule 130, ``Definitions,'' 
amended December 14, 2010.
* * * * *
    (480) New and amended regulations for the following AQMD was 
submitted on December 11, 2014 by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130, ``Definitions,'' adopted on November 14, 2014.
    (2) Rule 200, ``Permit Requirements,'' adopted on November 14, 
2014.
    (3) Rule 220, ``New Source Review,'' adopted on November 14, 2014.
    (4) Rule 230, ``Action on Applications,'' adopted on November 14, 
2014.


Sec.  52.223   [Amended]

0
3. Section 52.223 is amended by removing and reserving paragraphs 
(i)(4), (j)(3), (k)(3), (l)(4), (m)(3), (n)(3), and (o)(3).


Sec.  52.233   [Amended]

0
4. Section 52.233 is amended by removing and reserving paragraph 
(d)(17).

0
5. Section 52.270 is amended by revising the first sentence in 
paragraph (b)(4) to read as follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (4) The PSD program for Northern Sonoma County Air Pollution 
Control District, as incorporated by reference in Sec.  52.220(c)(481) 
is approved under Part C, Subpart 1, of the Clean Air Act. * * *
* * * * *


Sec.  52.283  [Amended]

0
6. Section 52.283 is amended by removing and reserving paragraphs 
(c)(1)(iii), (d)(1)(iii), (e)(2)(iii), (f)(2)(iii), and (g)(1)(iii).

[FR Doc. 2016-23851 Filed 10-5-16; 8:45 am]
 BILLING CODE 6560-50-P