[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26883-26885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12134]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0621; FRL-9962-55-Region 9]


Conditional Approval of Revision 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 a revision to the Imperial County Air Pollution Control District 
(ICAPCD or District) portion of the California State Implementation 
Plan (SIP). We are proposing a conditional approval of one rule. This 
rule updates and revises 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 July 12, 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 removed or edited 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: Khoi Nguyen, EPA Region IX, (415) 947-
4120, [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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final 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 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 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.
    (vi) The initials NSR mean or refer to New Source Review.
    (vii) The initials SIP mean or refer to State Implementation Plan.

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the date that 
it was adopted by ICAPCD and submitted by the California Air Resources 
Board (CARB), which is the governor's designee for California SIP 
submittals.

                                             Table 1--Submitted Rule
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         Local agency                  Rule No.              Rule title        Adopted/revised      Submitted
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ICAPCD........................  207                    New and Modified               10/22/13           1/21/14
                                                        Stationary Source
                                                        Review.
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    On March 7, 2014, EPA determined that the submittal for ICAPCD Rule 
207 (New and Modified Stationary Source Review) met the completeness 
criteria in 40 CFR part 51 Appendix V. On December 19, 2016, the EPA 
proposed a limited approval and limited disapproval (LA/LD) of Rule 207 
along with a full approval of two rules--Rule 204 (Applications) and 
Rule 206 (Processing of Applications). 81 FR 91895. In a separate 
rulemaking action, we are finalizing our approval of Rules 204 and 206. 
We are not finalizing our proposed LA/LD of Rule 207; instead, we are 
proceeding with this proposed action to conditionally approve Rule 207 
into the SIP.

B. Are there other versions of this rule?

    EPA approved a previous version of Rule 207 into the SIP on 
November 10, 1980 (45 FR 74480). In addition, SIP-approved Rule 209 
(Implementation Plans) and submitted Rule 207, section D.1.a, contain 
substantially similar language. See 45 FR 74480 (November 10, 1980).\1\
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    \1\ Approval of submitted Rule 207 would supersede our prior 
actions for SIP-approved Rules 207 and 209. 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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[[Page 26884]]

C. What is the purpose of the submitted rule revision?

    Section 110(a) of the Clean Air Act (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 207 (New and Modified Stationary 
Source Review) is to implement a federal preconstruction permit program 
for new and modified minor sources of regulated NSR pollutants, and new 
and modified major sources of regulated NSR pollutants for which the 
area is designated nonattainment. Imperial County is currently 
designated as a Moderate nonattainment area for the 2008 8-hour ozone 
National Ambient Air Quality Standards (NAAQS).\2\ Portions of the 
county are designated as a Serious nonattainment area for the 1987 24-
hour PM10 NAAQS, and as a Moderate nonattainment area for 
the 2006 24-hour PM2.5 and 2012 annual PM2.5 
NAAQS. We present our evaluation under the CAA and EPA's regulations of 
the revised NSR rule submitted by CARB, as identified in Table 1, and 
provide our reasoning in general terms below and a more detailed 
analysis in our Technical Support Document (TSD), which is available in 
the docket for the proposed rulemaking.
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    \2\ EPA initially classified Imperial County as Marginal for the 
2008 ozone NAAQS, but reclassified the area to Moderate because it 
failed to attain the standard by the applicable Marginal attainment 
date of July 20, 2015. 81 FR 26697 (May 4, 2016).
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    The submitted rule 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 rule 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).
    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. Does the rule meet the evaluation criteria?

    Rule 207 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 the statutory and regulatory requirements for 
a nonattainment NSR permit program for moderate ozone and serious 
PM10, nonattainment areas as set forth in the applicable 
provisions of part D of title I of the Act (sections 172 and 173), in 
40 CFR 51.165 and 40 CFR 51.307. For a Moderate PM2.5 
nonattainment area Rule 207 mostly satisfies these same requirements; 
however, we have determined that it does not satisfy the requirements 
of 40 CFR 51.165(a)(13), which requires ammonia to be regulated as a 
PM2.5 precursor. Our TSD contains a more detailed discussion 
of this issue.\3\
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    \3\ See also, 81 FR 91895 (December 19, 2016).
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C. Public Comment and Final Action.

    Section 110(k)(4) authorizes the EPA to conditionally approve a 
plan revision based on a commitment by the state to adopt specific 
enforceable measures by a date certain but not later than one year 
after the effective date of the plan approval. In this instance, the 
enforceable measure that the State must submit are revisions to 
regulate ammonia as a PM2.5 precursor. The District 
submitted a letter committing to submit a SIP revision that regulates 
ammonia as a PM2.5 precursor no later than one year from the 
effective of this final action. If the District fails to comply with 
this commitment, this conditional approval will convert to a 
disapproval and start an 18-month clock for sanctions under CAA section 
179(a)(2) and a two-year clock for a federal implementation plan (FIP) 
under CAA section 110(c)(1).
    We will accept comments from the public on the proposed conditional 
approval of Rule 207 for the next 30 days.

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 rule listed in Table 1 of this notice. 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).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be

[[Page 26885]]

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.

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: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12134 Filed 6-9-17; 8:45 am]
 BILLING CODE 6560-50-P