[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Proposed Rules]
[Pages 91895-91898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0621; FRL-9956-96-Region 9]


Revisions to the California State Implementation Plan; Imperial 
County Air Pollution Control District; Stationary Sources Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing action 
on revisions to the Imperial County Air Pollution Control District 
(ICAPCD or District) portion of the California State Implementation 
Plan (SIP). We are proposing full approval of two rules and a limited 
approval and limited disapproval of one rule. All three rules update 
and revise the District's New Source Review (NSR) permitting program 
for new and modified sources of air pollution. We are taking comments 
on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by January 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0621 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 Yannayon, EPA Region IX, (415) 
972-3534, [email protected].

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

Table of Contents

Definitions
I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The word or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The initials CARB mean or refer to the California Air 
Resources Board.
    (iii) The initials CFR mean or refer to Code of Federal 
Regulations.
    (iv) The initials or words EPA, we, us or our mean or refer to the 
United States Environmental Protection Agency.
    (v) The initials FR mean or refer to Federal Register.
    (vi) The word or initials ICAPCD or District mean or refer to the 
Imperial County Air Pollution Control District, the agency with 
jurisdiction over stationary sources within Imperial County.

[[Page 91896]]

    (vii) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (viii) The initials NSR mean or refer to New Source Review.
    (ix) The initials PM10 mean or refer to particulate 
matter with an aerodynamic diameter of less than or equal to 10 
micrometers (coarse particulate matter).
    (x) The initials PM2.5 mean or refer to particulate 
matter with an aerodynamic diameter of less than or equal to 2.5 
micrometers (fine particulate matter).
    (xi) The initials SIP mean or refer to State Implementation Plan.
    (xii) The initials TSD mean or refer to the technical support 
document for this action.

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal, including the 
dates they were adopted by ICAPCD and submitted by CARB, which is the 
governor's designee for California SIP submittals.

                                            Table 1--Submitted Rules
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            Local agency                 Rule No.            Rule title        Adopted/revised      Submitted
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ICAPCD.............................               204  Applications.........           9/14/99          05/26/00
ICAPCD.............................               206  Processing of                  10/22/13          02/10/14
                                                        Applications.
ICAPCD.............................               207  New and Modified               10/22/13           1/21/14
                                                        Stationary Source
                                                        Review.
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    On April 9, 2014 and March 7, 2014, EPA determined that the 
submittals for ICAPCD Rules 206 and 207, respectively, met the 
completeness criteria in 40 CFR part 51 Appendix V. The submittal for 
ICAPCD Rule 204 was deemed by operation of law to meet the completeness 
criteria in 40 CFR part 51 Appendix V as of October 6, 2000. The 
completeness criteria in 40 CFR part 51, Appendix V must be met before 
formal EPA review.

B. Are there other versions of these rules?

    There is no previous version of Rule 204 in the SIP; EPA approved 
previous versions of Rules 206 and 207 into the SIP on January 3, 2007 
(72 FR 9) and November 10, 1980 (45 FR 74480), respectively.\1\ Section 
D.1.a of submitted Rule 207 is contained in SIP-approved Rule 209 
(Implementation Plans), which was also approved on November 10, 
1980.\2\
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    \1\ EPA disapproved subparagraph C.5 of SIP-approved Rule 207 
because it exempted some sources from the requirement to apply LAER. 
See 40 CFR 52.233(a)(1).
    \2\ EPA's approval of Rule 206 would supersede our prior 
approval of Rule 206 in the SIP. Likewise, approval of Rule 207 
would supersede our prior approval of SIP-approved Rules 207 and 209 
and will supersede our prior disapproval of Rule 207, subparagraph 
C.5 and our Part D conditional approval. We intend to make 
conforming changes to the regulatory text codified in 40 CFR 52.220, 
40 CFR 52.232 and 40 CFR 52.233.
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C. What is the purpose of the submitted rules?

    Section 110(a) of the CAA requires states to submit regulations 
that include a pre-construction permit program for certain new or 
modified stationary sources of pollutants, including a permit program 
as required by Part D of Title I of the CAA.
    The purpose of District Rule 204 (Applications), Rule 206 
(Processing of Applications) and Rule 207 (New and Modified Stationary 
Source Review) is to implement a federal preconstruction permit program 
for new and modified minor sources of criteria pollutants and new and 
modified major sources of criteria pollutants for which the area is 
designated nonattainment. Imperial County is currently designated as a 
moderate nonattainment area for the 2008 8-hr ozone NAAQS.\3\ Portions 
of the county are designated as a serious nonattainment area for the 
1987 24-hr PM10 NAAQS, as a moderate nonattainment area for 
the 2006 24-hr PM2.5 NAAQS and as a moderate nonattainment 
area for the 2012 annual PM2.5 NAAQS. We present our 
evaluation under the CAA and EPA's regulations of the amended NSR rules 
submitted by CARB, as identified in Table 1 and provide our reasoning 
in general terms below and a more detailed analysis in our TSD, which 
is available in the docket for this proposed rulemaking.
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    \3\ Effective March 14, 2008 (73 FR 8209, February 13, 2008), 
the EPA reclassified Imperial County to a moderate ozone 
nonattainment area for the 1997 ozone NAAQS. In 2012, EPA designated 
Imperial County as a nonattainment area for the 2008 ozone NAAQS and 
classified the area as marginal. 77 FR 30088 (May 21, 2012). The SIP 
submittal that EPA is now evaluating via this proposal addresses the 
NNSR requirement for the Imperial County ozone nonattainment area 
for a moderate classification under the 1997 ozone NAAQS as well as 
a marginal classification under the 2008 ozone NAAQS.
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II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    The submitted rules must meet the CAA's general requirements for 
SIPs and SIP revisions in CAA sections 110(a)(2), 110(l), and 193, as 
well as the applicable requirements contained in part D of title I of 
the Act (sections 172, and 173) for a nonattainment NSR permit program. 
In addition, the submitted rules must contain the applicable regulatory 
provisions of 40 CFR 51.160-51.165 and 40 CFR 51.307.
    Among other things, section 110 of the Act requires that SIP rules 
be enforceable and provides that EPA may not approve a SIP revision if 
it would interfere with any applicable requirements concerning 
attainment and reasonable further progress or any other requirement of 
the CAA. In addition, section 110(a)(2) and section 110(l) of the Act 
require that each SIP or revision to a SIP submitted by a state must be 
adopted after reasonable notice and public hearing.
    Section 110(a)(2)(c) of the Act requires each SIP to include a 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the SIP as necessary to 
assure attainment and maintenance of the NAAQS. EPA's regulations at 40 
CFR 51.160-51.164 provide general programmatic requirements to 
implement this statutory mandate commonly referred to as the ``minor 
NSR'' or ``general NSR'' permit program. These NSR program regulations 
impose requirements for SIP approval of state and local programs that 
are more general in nature as compared to the specific statutory and 
regulatory requirements for nonattainment NSR permitting programs under 
Part D of title I of the Act.
    Part D of title I of the Act contains the general requirements for 
areas designated nonattainment for a NAAQS (section 172), including 
preconstruction permit requirements for new major sources and major 
modifications proposing to construct in nonattainment areas (section 
173).
    Part D of title I of the Act also includes section 182(b), which 
contains the additional requirements for areas designated as a moderate 
ozone nonattainment area, and section 189(e), which requires the 
control of major stationary sources of PM10 precursors (and 
hence PM2.5 precursors) ``except

[[Page 91897]]

where the Administrator determines that such sources do not contribute 
significantly to PM10 [and PM2.5] levels which 
exceed the standard in the area.'' Additionally, 40 CFR 51.165 sets 
forth EPA's regulatory requirements for SIP-approval of a nonattainment 
NSR permit program.
    The protection of visibility requirements that apply to New Source 
Review programs are contained in 40 CFR 51.307. This provision requires 
that certain actions be taken in consultation with the local Federal 
Land Manager if a new major source or major modification may have an 
impact on visibility in any mandatory Class I Federal Area.
    Section 110(l) of the Act prohibits EPA from approving any SIP 
revisions that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. Section 193 of the Act, which 
only applies in nonattainment areas, prohibits the modification of a 
SIP-approved control requirement in effect before November 15, 1990, in 
any manner unless the modification insures equivalent or greater 
emission reductions of such air pollutant.
    Our TSD, which can be found in the docket for this rule, contains a 
more detailed discussion of the approval criteria.

B. Do the rules meet the evaluation criteria?

    EPA has reviewed the submitted rules in accordance with the rule 
evaluation criteria described above. With respect to procedures, based 
on our review of the public process documentation included in the May 
26, 2000, January 21, 2014, and February 10, 2014 submittals, we are 
proposing to approve the submitted rules in part because we have 
determined that ICAPCD has provided sufficient evidence of public 
notice and opportunity for comment and public hearings prior to 
adoption and submittal of these rules, in accordance with the 
requirements of CAA sections 110(a)(2) and 110(l).
    With respect to substantive requirements, we have reviewed the 
submitted rules in accordance with evaluation criteria discussed above. 
We are proposing to approve Rules 204 and 206 as part of ICAPCD's 
general NSR permitting program because we have determined that these 
rules, together with Rule 207, satisfy the substantive statutory and 
regulatory requirements for a general NSR permit program as contained 
in CAA section 110(a)(2)(c) and 40 CFR 51.160-51.164.
    In addition, we are proposing a limited approval/limited 
disapproval of Rule 207. We are proposing a limited approval because we 
have determined that Rule 207 (i) satisfies the statutory and 
regulatory requirements for a general NSR permit program as set forth 
in CAA section 110(a)(2)(c) and 40 CFR 51.160-51.164; and (ii) mostly 
satisfies the statutory and regulatory requirements for a nonattainment 
NSR permit program for moderate ozone, serious PM10, and 
moderate PM2.5 nonattainment areas as set forth in the 
applicable provisions of part D of title I of the Act (sections 172 and 
173) and in 40 CFR 51.165 and 40 CFR 51.307. We are also proposing a 
limited disapproval of Rule 207 because we have determined that the 
rule does not regulate ammonia as a PM2.5 precursor 
consistent with the requirements of 40 CFR 51.165(a)(13). While the 
District provided a demonstration to support their contention that 
ammonia is a not a significant contributor to the areas 
PM2.5 nonattainment status, the demonstration was not 
consistent with EPA's newly promulgated nonattainment NSR precursor 
demonstration requirements as set forth in 40 CFR 51.1006(a)(3). Our 
TSD contains a more detailed discussion of this disapproval issue.
    EPA is also proposing to find that it is acceptable for ICAPCD to 
not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR 
permit program because ICAPCD's permitting program will not be any less 
stringent than the federal permitting program.
    In addition, EPA is proposing to find that Rules 204, 206 and 207 
meet the statutory requirements for SIP revisions as specified in 
sections 110(l) and 193 of the CAA.
    Please see our TSD for more information regarding our evaluation of 
Rules 204, 206 and 207.

C. Public Comment and Proposed Action

    As authorized by CAA section 110(k)(3) and 301(a), we are proposing 
approval of Rule 204 (Applications) and Rule 206 (Processing of 
Applications), and we are proposing limited approval of Rule 207 (New 
and Modified Stationary Source Review) into the ICAPCD portion of the 
California SIP. If finalized, this action would incorporate the 
submitted rules into the SIP, including those provisions identified as 
deficient. The approval of Rule 207 is limited because EPA is 
simultaneously proposing a limited disapproval of Rule 207 under 
section 110(k)(3). If finalized, this disapproval would trigger the 
two-year clock for the federal implementation plan (FIP) requirement 
under section 110(c). In addition, final disapproval would trigger 
sanctions under CAA section 179 and 40 CFR 52.31 unless the EPA 
approves subsequent SIP revisions that correct the rule deficiencies 
within 18 months of the effective date of the final action.
    We will accept comments from the public on the proposed approvals 
of Rules 204 and 206 and the proposed limited approval and limited 
disapproval of Rule 207 for the next 30 days.
    In today's action we are also notifying the public that we intend 
to make a technical correction to our previous action approving Rule 
202--Exemptions into the ICAPCD portion of the California SIP.\4\ In 
that action we stated that approval of Rule 202 into the SIP would 
supersede and remove Rule 103--Exemptions, which EPA has previously 
approved on May 31, 1972 (37 FR 10832), but we failed to include the 
necessary regulatory text to effect this change. Our final rulemaking 
for our action on Rules 204, 206 and 207 will include the necessary 
regulatory text to remove Rule 103 from the California SIP. We are not 
seeking public comment on this technical correction because public 
participation requirements were satisfied as part of our action 
approving Rule 202 into the SIP.
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    \4\ 76 FR 26615 (May 9, 2011).
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III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the ICAPCD rules listed in Table 1 of this notice. The EPA 
has made, and will continue to make, these documents generally 
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).

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

[[Page 91898]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, New Source Review, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: December 8, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-30327 Filed 12-16-16; 8:45 am]
 BILLING CODE 6560-50-P