[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23372-23374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0080; FRL-9977-24--Region 9]


Revisions to California State Implementation Plan; Bay Area Air 
Quality Management District; Stationary Sources; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on revisions to the Bay Area Air Quality Management District (BAAQMD or 
District) portion of the California State Implementation Plan (SIP). 
These revisions concern permit program rules governing the issuance of 
permits for stationary sources, including review and permitting of 
major sources and major modifications under parts C and D of title I of 
the Clean Air Act (CAA), and the issuance and banking of Emission 
Reduction Credits. The revisions correct deficiencies in BAAQMD 
Regulation 2, Rules 1 and 2, and Regulation 2, Rule 4, previously 
identified by the EPA in final rules dated August 1, 2016, and December 
4, 2017, respectively. Approval of this SIP revision terminates the 
sanctions clock and federal implementation plan (FIP) clock that were 
triggered by the EPA's limited disapproval of a related SIP submission 
on August 1, 2016.

DATES: This rule will be effective on June 20, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2018-0080. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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, EPA Region 9, (415) 
972-3534, [email protected].

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

Table of Contents

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

I. Proposed Action

    On March 1, 2018 (83 FR 8822), the EPA proposed to fully approve 
the following rules that were submitted for incorporation into the 
BAAQMD portion of the California SIP.

                                            Table 1--Submitted Rules
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           Regulation & Rule No.                          Rule title                  Amended        Submitted
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Regulation 2, Rule 1 (Rule 2-1)............  Permits, General Requirements......       12/6/2017        12/14/17
Regulation 2, Rule 2 (Rule 2-2)............  Permits, New Source Review.........       12/6/2017        12/14/17
Regulation 2, Rule 4 (Rule 2-4)............  Permits, Emissions Banking.........       12/6/2017        12/14/17
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    We proposed approval of these rules because we determined that the 
rules met the statutory requirements for SIP revisions as specified in 
sections 110(l) and 193 of the CAA, as well as the substantive 
statutory and regulatory requirements for a NSR permit program as 
contained in CAA section 110(a)(2)(C), and 40 CFR 51.160-51.166.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received 13 comments on the proposed rule. 
Twelve of these comments raised issues that are outside the scope of 
our proposed approval of the BAAQMD rules, including climate change 
science, air toxics regulation, rare earth mining, wind power costs and 
regulations, and pipeline and export terminal construction. Although 
some commenters made general statements about the sufficiency of 
current air quality in the United States and the cost of additional 
regulation, these comments did not address the regulations at issue in 
the present rulemaking, nor did they indicate that the submitted rules 
do not meet the requirements of the Act. One commenter stated that 
``adopting best available retrofit control technology (BARCT) is 
absolutely imperative if the air quality crisis is to be mitigated.'' 
BARCT is a state law requirement, not a requirement of the Clean Air 
Act. Therefore, consideration of BARCT is outside the scope of the 
present rulemaking.
    The BAAQMD submitted a comment stating that it ``supports EPA's 
proposed approval of the Air District's New Source Review rule 
revisions,'' but noting that it disagrees with the EPA's 
characterization of portions of the District's prior submission of 
earlier versions of Regulation 2, Rules 1 and 2 as ``deficiencies.'' 
The District's previously submitted version of these rules is not 
presently before the EPA; therefore the comment is not germane to the 
present rulemaking. With respect to the rule that is presently before 
the Agency, the District states that it supports the proposed approval, 
and does not indicate that the submission does not meet all applicable 
requirements of the Act.\1\
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    \1\ In its comment, the District stated that it incorporates by 
reference certain prior comments submitted by the District regarding 
the EPA's November 12, 2016 proposed action on the District's 
submission of a previous version of Regulation 2, Rules 1 and 2. 
These comments relate to a previous version of the rule, and the 
District does not suggest that they address deficiencies with the 
present rule, or issues germane to the present action. Moreover, the 
referenced comments were not properly presented to the Agency for 
consideration. As stated in our proposed rule, and the EPA's public 
comment guidance: ``[t]he EPA will generally not consider comments 
or comment contents located outside of the primary submission.'' 83 
FR 8822. For these reasons, the EPA does not herein specifically 
respond to issues raised in the District's previously submitted 
comment in a separate rulemaking docket.

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[[Page 23373]]

    During the comment period the EPA also received four comments on 
the interim final determination to defer sanctions (83 FR 8750) that 
accompanied the proposed rule. These comments raised issues that were 
not germane to the interim final determination.
    The EPA is required to approve a state SIP submission if the 
submittal meets all of the applicable requirements of the Act. 42 
U.S.C. 7410(k)(3). None of the submitted comments indicate that the 
District's submittal of Regulation 2, Rules 1, 2, and 4 does not meet 
the requirements of the Act.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Regulation 2, Rules 1, 2 and 4 satisfy the applicable CAA 
requirements. Therefore, under CAA sections 110(k)(3) and 301(a), and 
for the reasons set forth in our March 1, 2018 proposed rule, we are 
fully approving Regulation 2, Rules 1, 2 and 4. This action 
incorporates the submitted rules into the BAAQMD portion of the 
California SIP and makes them federally enforceable. In addition, 
because we are finalizing our proposed action, we are removing existing 
Regulation 2, Rules 1, 2 and 4 from the BAAQMD portion of the 
California SIP.
    Upon the effective date of today's final approval, all sanctions 
clocks and FIP clocks that were triggered upon our final limited 
disapproval at 81 FR 50339 (August 1, 2016) of previous versions of 
Regulation 2, Rules 1 and 2, and deferred upon our interim final rule 
at 83 FR 8750 (March 1, 2018), are permanently terminated. In addition, 
by submitting an updated version of Regulation 2, Rule 4, addressing 
the deficiencies identified in our conditional approval at 82 FR 57133 
(December 4, 2017), the District has met the commitment that served as 
the basis for our conditional approval. Therefore, upon the effective 
date of today's final approval of Regulation 2, Rule 4, amended 
December 6, 2017, the EPA is removing from the SIP the conditional 
approval of Regulation 2, Rule 4, amended December 19, 2012.

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 rules 
listed in Table 1 of this preamble. 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.

V. 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.
    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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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).

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: April 18, 2018.
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--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)(429)(i)(E)(4) and 
(c)(502) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (429) * * *
    (i) * * *
    (E) * * *
    (4) Previously approved on August 1, 2016 in paragraphs 
(c)(429)(i)(E)(1) and (2), and on December 4, 2017 in paragraph 
(c)(429)(i)(E)(3) of this section and now deleted with replacement in 
paragraph (c)(502)(i)(A)(1) of this section, Regulation 2, Rules 1, 2, 
and 4.
* * * * *
    (502) Amended regulations for the following APCD were submitted on 
December 14, 2017 by the Governor's Designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.

[[Page 23374]]

    (1) Regulation 2, ``Permits,'' Rule 1, ``General Requirements,'' 
adopted on December 6, 2017; Regulation 2, ``Permits,'' Rule 2, ``New 
Source Review,'' adopted on December 6, 2017; and Regulation 2, 
``Permits,'' Rule 4, ``Emissions Banking,'' adopted on December 6, 
2017.


Sec.  52.248   [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph (c).

[FR Doc. 2018-10691 Filed 5-18-18; 8:45 am]
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