[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64026-64027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26921]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0587; FRL-9986-16-Region 9]


Revisions to California State Implementation Plan; South Coast 
Air Quality Management District, San Joaquin Valley Air Pollution 
Control District and Yolo-Solano Air Quality Management; Nonattainment 
New Source Review Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on three state implementation plan (SIP) revisions submitted by the 
State of California addressing the nonattainment new source review 
(NNSR) requirements for the 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS). These SIP revisions address the South Coast 
Air Quality Management District (SCAQMD), San Joaquin Valley Air 
Pollution Control District (SJVAPCD) and Yolo-Solano Air Quality 
Management District (YSAQMD) portions of the California SIP.

DATES: This rule is effective on January 14, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0587. 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. Statutory and Executive Order Reviews

I. Proposed Action

    On August 20, 2018 (83 FR 42063), the EPA proposed to approve the 
SIP revisions listed in Table 1, addressing the NNSR requirements for 
the 2008 8-hour ozone NAAQS for the SCAQMD, SJVAPCD and YSAQMD.

                Table 1--Submitted Certification Letters
------------------------------------------------------------------------
                District                   Adoption date  Submittal date
------------------------------------------------------------------------
South Coast AQMD........................        7/7/2017        11/16/17
San Joaquin Valley APCD.................         4/19/18         6/19/18
Yolo-Solano AQMD........................         3/14/18         6/19/18
------------------------------------------------------------------------

    We proposed approval of these SIP revisions because we determined 
that the 2008 ozone certification submitted for each district fulfills 
the 40 CFR 51.1114 revision requirement and meets the requirements of 
Clean Air Act (CAA) section 110 and the minimum SIP requirements of 40 
CFR 51.165.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received three comments on the proposed rule. 
None of those comments are germane to our evaluation of the submitted 
2008 ozone certifications for each district.

III. EPA Action

    No comments were submitted that change our assessment of the 2008 
ozone certifications as described in our proposed action. Therefore, as

[[Page 64027]]

authorized in section 110(k)(3) of the Act, the EPA is approving these 
certifications into the California SIP as proposed.

IV. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 24, 2018.
 Michael Stoker,
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)(510) and (511) to 
read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (510) New additional materials for the following APCD was submitted 
on November 16, 2017 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) South Coast Air Quality Management 
District.
    (1) ``Nonattainment New Source Review (NSR) Compliance 
Demonstration for the 2008 Ozone National Ambient Air Quality Standard 
(NAAQS),'' adopted July 7, 2017.
    (2) [Reserved]
    (511) New additional materials for the following APCD's were 
submitted on June 19, 2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) San Joaquin Valley Air Pollution 
Control District.
    (1) ``Certification that the San Joaquin Valley Unified Air 
Pollution Control District's Current NNSR Program Addresses the 2008 
Ozone NAAQS SIP Requirements Rule,'' adopted April 19, 2018.
    (2) [Reserved]
    (B) Yolo-Solano Air Quality Management District.
    (1) ``Certification that Yolo-Solano's Existing NNSR Program meets 
the 2008 Ozone NAAQS SIP Requirements Rule,'' adopted March 14, 2018.
    (2) [Reserved]

[FR Doc. 2018-26921 Filed 12-12-18; 8:45 am]
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