[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61551-61552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25900]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0413; FRL-9985-75-Region 9]


Revisions to California State Implementation Plan; South Coast 
Air Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on a revision to the South Coast Air Quality Management District 
(SCAQMD or District) portion of the California State Implementation 
Plan (SIP). We are finalizing a conditional approval of one rule 
governing issuance of permits for stationary sources, including review 
and permitting of major sources and major modifications under part D of 
title I of the Clean Air Act (CAA). Specifically, the revision pertains 
to SCAQMD Rule 1325--Federal PM2.5 New Source Review 
Program.

DATES: This rule will be effective on December 31, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2018-0413. 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 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 August 8, 2018 (83 FR 39012), the EPA proposed to conditionally 
approve the following rule that was submitted for incorporation into 
the SCAQMD portion of the California SIP.

                         Table 1--Submitted Rule
------------------------------------------------------------------------
    Rule No.            Rule title            Amended        Submitted
------------------------------------------------------------------------
1325...........  Federal PM2.5 New               11/4/16          5/8/17
                  Source Review Program.
------------------------------------------------------------------------

    We proposed a conditional approval of this rule because we 
determined that, separate from the deficiencies listed in Section II.B 
of our proposed rulemaking action, 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 nonattainment New Source Review (NSR) permit program as contained 
in CAA sections 110(a)(2)(C) and 173(a) through (c), and 40 CFR 51.165 
that pertain to a PM2.5 nonattainment area classified as 
Serious. Moreover, we concluded that if the State submits the changes 
it committed to submit in its July 16, 2018 commitment letter, the 
identified deficiencies will be cured.

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 1325, 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 1325.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Rule 1325 satisfies the applicable CAA requirements. 
Therefore, under CAA sections 110(k)(4) and 301(a), and for the reasons 
set forth in our August 8, 2018 proposed rule, we are finalizing the 
conditional approval of Rule 1325. This action incorporates Rule 1325 
into the federally enforceable SIP and will be codified through 
revisions to 40 CFR 52.220 (Identification of plan) and 40 CFR 52.248 
(Identification of plan--conditional approval).
    If the State meets its commitment to submit the required changes, 
the revisions to Rule 1325 will remain a part of the SIP until EPA 
takes final action approving or disapproving the new SIP revisions. 
However, if the State fails to submit these revisions within the 
required timeframe, the conditional approval will automatically become 
a disapproval, and EPA will issue a finding of disapproval. EPA is not 
required to propose the finding of disapproval.
    In addition, because we are finalizing our proposed action, we are 
removing the existing Rule 1325 from the SCAQMD 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 
SCAQMD rule listed in Table 1 of this preamble. The EPA has made, and 
will continue to make, these materials available electronically through 
www.regulations.gov and in hard copy at the EPA Region IX Office 
(please contact the person identified in the FOR

[[Page 61552]]

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, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: October 11, 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)(458)(i)(A)(2) and 
(c)(509) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (458) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on May 1, 2015 in paragraph 
(c)(458)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(509)(i)(A)(1), Rule 1325.
* * * * *
    (509) New and amended regulations for the following APCDs were 
submitted on May 8, 2017 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1325, ``Federal PM2.5 New Source Review 
Program'' amended on November 4, 2016.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *

0
3. Section 52.248 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.248   Identification of plan--conditional approval.

* * * * *
    (f) The EPA is conditionally approving a California State 
Implementation Plan (SIP) revision submitted on May 8, 2017, updating 
Rule 1325--Federal PM2.5 New Source Review Program, for the 
South Coast Air Quality Management District. The conditional approval 
is based on a commitment from the State to submit a SIP revision that 
will correct the identified deficiencies. If the State fails to meet 
its commitment by December 30, 2019, the conditional approval is 
treated as a disapproval.
* * * * *
[FR Doc. 2018-25900 Filed 11-29-18; 8:45 am]
 BILLING CODE 6560-50-P