[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27738-27740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0282; FRL-9979-34--Region 9]


Approval of Air Plan Revisions; Approvals and Promulgations: 
California; Placer County Air Pollution Control District; Stationary 
Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Placer County Air Pollution Control District 
(PCAPCD) portion of the California State Implementation Plan (SIP). 
This revision concerns the District's Prevention of Significant 
Deterioration (PSD) permitting program for new and modified sources of 
air pollution. We are proposing action on a local rule under the Clean 
Air Act as amended in 1990 (CAA or the Act). We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by July 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0282 at http://www.regulations.gov, or via email to Laura 
Yannayon, at [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 https://www.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

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?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. The EPA's Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

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

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                                                    Adopted or
                  Rule No.                                Rule title                  amended        Submitted
----------------------------------------------------------------------------------------------------------------
518.........................................  Prevention of Significant                 10/13/16         1/24/17
                                               Deterioration (PSD) Permit
                                               Program.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that CARB's January 24, 2017, 
SIP submittal package conformed to the completeness criteria in 40 CFR 
part 51, appendix V, which must be met before formal EPA review.

[[Page 27739]]

B. Are there other versions of this rule?

    The current SIP-approved version of Rule 518--Prevention of 
Significant Deterioration (PSD) Permit Program was approved by EPA on 
December 10, 2012. 77 FR 73316.

C. What is the purpose of the submitted rule?

    Section 110(a)(2)(C) of the CAA requires states to submit 
regulations that include a preconstruction permit program for certain 
new or modified stationary sources of pollutants, including a permit 
program as required by part C of title I of the CAA. This part, and the 
EPA's implementing regulations at 40 CFR 51.166, provide requirements 
for the prevention of significant deterioration (PSD) program, which 
applies to new and modified major sources of regulated New Source 
Review pollutants located in areas that are designated attainment or 
unclassifiable for those pollutants.
    Rule 518 implements the federal PSD permit program for Placer 
County. The submitted rule has been revised to update and clarify the 
rule. See our technical support document (TSD), which can be found in 
the docket for this rule, for additional information about the rule and 
rule revisions.

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) and 110(l) as well as 
the applicable requirements for a PSD permit program contained in part 
C of title I of the Act and 40 CFR 51.166.
    Section 110(a)(2)(A) of the Act requires that SIP rules be 
enforceable. Section 110(l) provides that the EPA may not approve a SIP 
revision if it would interfere with any applicable requirements 
concerning attainment and reasonable further progress or any other 
applicable 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.
    Part C of title I of the Act contains the general permit 
requirements for new major sources and major modifications proposing to 
construct in attainment areas. Additionally, 40 CFR 51.166 sets forth 
the EPA's regulatory requirements for SIP approval of a PSD permit 
program.

B. Does the rule meet the evaluation criteria?

    The EPA has reviewed the submitted rule in accordance with the rule 
evaluation criteria described above. With respect to the procedural 
requirements at CAA sections 110(a)(2) and 110(l), we are proposing to 
approve the submitted rule because we have determined, based on our 
review of the public process documentation included in the January 24, 
2017 submittal, that the PCAPCD has provided sufficient evidence of 
public notice and opportunity for comment and public hearing prior to 
adoption and submittal of this rule.
    With respect to the rest of the evaluation criteria, we are 
proposing to approve the submitted rule because we have determined that 
the rule satisfies the substantive statutory and regulatory 
requirements for a PSD permit program as set forth in the applicable 
provisions of part C of title I of the Act and in 40 CFR 51.166. This 
determination is based on our review of Rule 518 and clarifying 
information provided by the District in a letter dated May 22, 2018 
(available in the docket for this action). Our TSD for this action 
contains a more detailed discussion of our evaluation.

C. The EPA's Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because it fulfills all relevant 
requirements. We will accept comments from the public on this proposal 
until July 16, 2018. If we take final action to approve the submitted 
rule, our final action will incorporate this rule into the Placer 
County portion of the California SIP.

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 PCAPCD rule described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials 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

    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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 disproportionate human health or environmental effects with 
practical, appropriate, 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

[[Page 27740]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, New source review, Reporting 
and recordkeeping requirements.

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

    Dated: June 4, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018-12711 Filed 6-13-18; 8:45 am]
 BILLING CODE 6560-50-P