[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43765-43767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18529]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0282; FRL-9981-98--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on a revision to the Placer County Air Pollution Control District 
(PCAPCD or District) 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 finalizing action on a local rule 
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule will be effective on September 27, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2018-0282. 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 IX, (415) 
972-3534, [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 Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 14, 2018 (83 FR 27738), the EPA proposed to fully approve 
the following rule that was submitted for incorporation into the PCAPCD 
portion of the California SIP.

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

    We proposed approval of this rule because we determined that the 
rule met the statutory requirements for SIP revisions as specified in 
section 110(l) of the CAA, as well as the substantive statutory and 
regulatory requirements for a PSD permit program as contained in CAA 
section 110(a)(2)(C) and 40 CFR 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 two comments on the proposed rule. 
These comments raised issues that are outside the scope of our proposed 
approval of Rule 518, including air pollution monitoring in China and 
India, climate change, and wind and solar power costs and regulations. 
None of those comments are germane to our evaluation of Rule 518.
    The EPA is required to approve a state SIP submission if the 
submittal meets

[[Page 43766]]

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 Rule 518 does not meet the requirements of the Act.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Rule 518 satisfies the applicable CAA requirements. 
Therefore, under CAA sections 110(k)(3) and 301(a), and for the reasons 
set forth in our June 14, 2018 proposed rule, we are fully approving 
Rule 518. This action incorporates the submitted rule into the PCAPCD 
portion of the California SIP and makes it federally enforceable. In 
addition, because we are finalizing our proposed action, we are 
removing the existing Rule 518 from the PCAPCD portion of the 
California SIP.

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 
PCAPCD rule listed in Table 1 of this document. 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 CAA, 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 CAA. 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).
    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).

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.

    Dated: July 27, 2018.
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)(391)(i)(C)(2) and 
(c)(497)(i)(B)(2) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (391) * * *
    (i) * * *
    (C) * * *
    (2) Previously approved on December 10, 2012 in paragraph 
(c)(391)(i)(C)(1) of this section and now deleted with replacement in 
paragraph (c)(497)(i)(B)(2) of this section, Rule 518, ``Prevention of 
Significant Deterioration (PSD) Permit Program.''
* * * * *
    (497) * * *
    (i) * * *
    (B) * * *
    (2) Rule 518, ``Prevention of Significant Deterioration (PSD) 
Permit Program,'' amended on October 13, 2016.
* * * * *

0
3. Section 52.270 is amended by revising paragraph (b)(6) to read as 
follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (6) The PSD program for the Placer County Air Pollution Control 
District (PCAPCD), as incorporated by reference in Sec.  
52.220(c)(497)(i)(B)(2), 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 PCAPCD, this approval includes 
the authority for the PCAPCD

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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. 2018-18529 Filed 8-27-18; 8:45 am]
 BILLING CODE 6560-50-P