[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93820-93822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30644]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0322; FRL-9955-16-Region 9]


Approval and Limited Approval and Limited Disapproval of 
California State Implementation Plan Revisions; Butte County Air 
Quality Management 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 three permitting rules submitted as a revision to the Butte County 
Air Quality Management District (BCAQMD) portion of the California 
State Implementation Plan (SIP). We are finalizing a limited approval 
and limited disapproval of one rule; we are finalizing approval of two 
permitting rules; and we are deleting ten rules from the SIP. These 
revisions concern the District's New Source Review (NSR) permitting 
program for new and modified sources of air pollution. This limited 
disapproval will 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.

DATES: This rule will be effective on January 23, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2016-0322. 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: Thien Khoi Nguyen, EPA Region IX, 
(415) 947-4120, [email protected].

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

Table of Contents

I. Proposed Action

[[Page 93821]]

II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 19, 2016 (81 FR 55402), 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 Butte County portion of the California SIP.

                                          Table 1--Submitted NSR Rules
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       Rule No.                 Rule title             Adopted        Submitted           Proposed action
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400...................  Permit Requirements......        04/24/14        11/06/14  Full Approval.
401...................  Permit Exemptions........        04/24/14        11/06/14  Full Approval.
432...................  Federal New Source Review        04/24/14        11/06/14  LA/LD.
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    We proposed a full approval of Rules 400 and 401 as part of 
BCAQMD's general NSR permitting program because we determined that 
these rules meet the relevant CAA requirements. We proposed a limited 
approval of Rule 432 because we determined that the rule improves the 
SIP and is largely consistent with the relevant CAA requirements. We 
simultaneously proposed a limited disapproval of Rule 432 because we 
determined that the rule does not fully satisfy CAA section 189(e) 
requirements for regulation of PM2.5 precursors. The rule 
does not specify ammonia as a PM2.5 precursor and the 
demonstration provided by Butte County as part of its NSR program 
submittal is not adequate to allow the Administrator to determine 
whether potential new major sources and major modifications of ammonia 
emissions will or will not contribute significantly to PM2.5 
levels that exceed the standard in the area. We also proposed to remove 
ten existing rules from the SIP, as the submitted rules replaced the 
content of these pre-existing rules in the SIP.
    The EPA also proposed to find that it is acceptable for BCAQMD to 
not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR 
permit program because BCAQMD's permitting program will not be any less 
stringent than the federal permitting program. In addition, the EPA 
proposed to find that Rules 400, 401 and 432 meet the statutory 
requirements for SIP revisions as specified in sections 110(l) and 193 
of the CAA.

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 approval of Rule 
400 and Rule 401, and finalizing a limited approval and limited 
disapproval of Rule 432 into the BCAQMD portion of the California SIP. 
This action will incorporate the submitted rules into the SIP, 
including those provisions identified as deficient. The approval of 
Rule 432 is limited because the EPA is simultaneously finalizing a 
limited disapproval of Rule 432 under section 110(k)(3). This limited 
disapproval will 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.
    Note that Rule 432 has been adopted by the BCAQMD, and the EPA's 
final limited disapproval will not prevent the local agency from 
enforcing it. The limited disapproval also will not prevent any portion 
of the rule from being incorporated by reference into the federally 
enforceable SIP as discussed in a July 9, 1992 EPA memo found at: 
http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.
    In addition, because we are finalizing our proposed action, we are 
removing existing Rules 4-4, 401, 402, 403, 405, 406, 407, 420, 421 and 
424 from the Butte County portion of the California SIP.

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 
BCAQMD 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

[[Page 93822]]

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 February 21, 2017. 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 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, New Source Review, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: October 31, 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 (b)(15), 
(c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2), and (c)(457)(i)(C)(2), 
(3) and (4) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (b) * * *
    (15) Butte County Air Quality Management District.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted with replacement paragraphs (c)(457)(i)(C)(2) 
and (3), respectively: Rule 405 ``Permit Conditions'' and Rule 04-04 
``Exemptions from Permit Requirements.''
    (c) * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (8) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(C)(2): Rule 401 ``General Requirements,'' Rule 
402 ``Authority to Construct,'' Rule 406 ``Emission Calculations,'' 
Rule 407 ``Anniversary Date,'' Rule 420 ``Standards for Granting 
Applications,'' and Rule 421 ``Conditional Approval''.
    (9) Previously approved on May 2, 2001 in paragraph 
(c)(168)(i)(A)(4) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(C)(2): Rule 424 ``State Implementation Plan.''
* * * * *
    (222) * * *
    (i) * * *
    (E) * * *
    (2) Previously approved on May 2, 2001 in paragraph 
(c)(222)(i)(E)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(C)(2): Rule 403 ``Permit to Operate.''
* * * * *
    (457) * * *
    (i) * * *
    (C) * * *
    (2) Rule 400, ``Permit Requirements,'' amended on April 24, 2014.
    (3) Rule 401, ``Permit Exemptions,'' amended on April 24, 2014.
    (4) Rule 432, ``Federal New Source Review,'' amended on April 24, 
2014.
* * * * *
[FR Doc. 2016-30644 Filed 12-21-16; 8:45 am]
 BILLING CODE 6560-50-P