[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13243-13245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04680]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0305; FRL-9956-52-Region 9]


Approval of California Air Plan Revisions, Ventura County Air 
Pollution Control District; 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 to approve revisions to the Ventura County Air Pollution Control 
District (VCAPCD or District) portion of the California State 
Implementation Plan (SIP). The State of California (State) is required 
under the Clean Air Act (CAA or Act) to adopt and implement a SIP-
approved Prevention of Significant Deterioration (PSD) permit program. 
We are approving SIP revisions that would incorporate a PSD rule for 
the VCAPCD into the SIP to establish a PSD permit program for pre-
construction review of certain new and modified major stationary 
sources in attainment and unclassifiable areas within the District.

DATES: This rule will be effective on April 10, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0305. 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: Ya-Ting (Sheila) Tsai, EPA Region IX, 
(415) 972-3328, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    Table 1 lists the two VCAPCD rules addressed by our proposed action 
and this final action. On September 23, 2016, the EPA proposed to 
approve VCAPCD Rule 26.13 into the California SIP and to remove VCAPCD 
Rule 26.10 from the California SIP. (See 81 FR 65595.)

                                 Table 1
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           Rule No.                Rule title              Action
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26.10........................  New Source Review-- Remove.
                                Prevention of
                                Significant
                                Deterioration.
26.13........................  New Source Review-- Approve.
                                Prevention of
                                Significant
                                Deterioration
                                (PSD).
------------------------------------------------------------------------

    We proposed these actions because we determined that they complied 
with the relevant CAA requirements. Our proposed action contains more 
information on the rules and our evaluation.

[[Page 13244]]

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA's Final Action

    No comments were submitted on the EPA's proposed action. Therefore, 
as authorized by section 110(k)(3) of the Act, the EPA is approving 
VCAPCD Rule 26.13 into the California SIP and removing VCAPCD Rule 
26.10 from the California SIP, consistent with our proposed action.
    This SIP revision will be codified in 40 CFR 52.220 by 
incorporating by reference Rule 26.13 as listed in Table 1 and deleting 
without replacement Rule 26.10 as listed in Table 1. We are also 
revising 40 CFR 52.270 to reflect that upon the effective date of this 
final rule, the VCAPCD will have a SIP-approved PSD program and will no 
longer be subject to the Federal Implementation Plan (FIP) at 40 CFR 
52.21 for the PSD program. This SIP revision provides a federally 
approved and enforceable mechanism for the VCAPCD to issue pre-
construction PSD permits for certain new and modified major stationary 
sources subject to PSD review within the District.
    As discussed in our proposal, the VCAPCD requested approval to 
exercise its authority to administer the PSD program with respect to 
those sources located in the 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 VCAPCD 
has the authority, personnel, and funding to implement the PSD program 
within the District for existing EPA-issued PSD permits and therefore 
are transferring authority for such permits to the VCAPCD concurrent 
with the effective date of our approval of the VCAPCD's PSD program 
into the SIP. Our revisions to 40 CFR 52.270 will reflect this transfer 
of authority for existing PSD permits. The EPA intends to provide a 
copy of each such permit to the VCAPCD.

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 
VCAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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 in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 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 May 9, 2017. 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 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.


[[Page 13245]]


    Dated: December 2, 2016.
Deborah Jordan,
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)(255)(i)(G)(2) and 
(c)(474)(i)(D) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (G) * * *
    (2) Previously approved on December 7, 2000, in paragraph 
(c)(255)(i)(G)(1) of this section and now deleted without replacement 
Rule 26.10.
* * * * *
    (474) * * *
    (i) * * *
    (D) Ventura County Air Pollution Control District.
    (1) Rule 26.13, ``New Source Review--Prevention of Significant 
Deterioration (PSD),'' revised on November 10, 2015.
* * * * *

0
3. Section 52.270 is amended by adding paragraph (b)(17) to read as 
follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (17) The PSD program for the Ventura County Air Pollution Control 
District (VCAPCD), as incorporated by reference in Sec.  
52.220(c)(474)(i)(D)(1), 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 VCAPCD, this approval includes 
the authority for the VCAPCD 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. 2017-04680 Filed 3-9-17; 8:45 am]
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