[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10753-10756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05416]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0056; FRL-9991-27-Region 9]
Approval of California Air Plan Revisions; Imperial 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 Imperial County Air Pollution Control
District (ICAPCD or District) portion of the California State
Implementation Plan (SIP). This revision concerns the District's New
Source Review (NSR) 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 April 22, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0056 at http://www.regulations.gov, or via email to T. Khoi
Nguyen, 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.
[[Page 10754]]
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: T. Khoi Nguyen, EPA Region IX, (415)
947-4120, [email protected]. EPA Region IX is located at 75
Hawthorne Street, San Francisco, CA 94105-3901.
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. Public Comment and Proposed Action
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 ICAPCD and submitted by the California Air
Resources Board (CARB), which is the governor's designee for California
SIP submittals.
Table 1--Submitted Rule
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Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD............................ 207 New and Modified 9/11/18 10/5/18
Stationary Source Review.
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On February 22, 2019, the EPA determined that the submittal for
ICAPCD Rule 207 met the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.
B. Are there other versions of this rule?
On September 5, 2017, the EPA finalized a conditional approval of
Rule 207, as amended October 22, 2013, into the California SIP. 82 FR
41895.
C. What is the purpose of the submitted rule?
Section 110(a) of the CAA requires states to submit regulations
that include a pre-construction permit program for certain new or
modified stationary sources of pollutants, including a permit program
as required by Part D of Title I of the CAA.
The purpose of District Rule 207 is to implement a federal
preconstruction permit program for new and modified minor sources of
regulated NSR pollutants, and new and modified major sources of
regulated NSR pollutants for which the area is designated
nonattainment. Imperial County is currently designated as a marginal
nonattainment area for the 2015 8-hr ozone National Ambient Air Quality
Standard (NAAQS) and a moderate nonattainment area for the 2008 ozone
NAAQS. Portions of the county are designated as a serious nonattainment
area for the 1987 24-hr PM10 NAAQS, as a moderate
nonattainment area for the 2006 24-hr PM2.5 NAAQS, and as a
moderate nonattainment area for the 2012 annual PM2.5 NAAQS.
40 CFR 81.305. In addition, Imperial County was designated
nonattainment for two revoked NAAQS: the 1979 1-hour ozone (moderate)
and 1997 8-hour ozone (moderate) NAAQS.
The rule revision corrects a deficiency for which the EPA
previously finalized a conditional approval. 82 FR 41895. In that
action, we explained our finding that the rule did not fully satisfy 40
CFR 51.165(a)(13)'s requirements for regulation of PM2.5
precursors as they pertain to ammonia. Our conditional approval of Rule
217 was based on a commitment by CARB and the ICAPCD to submit a
revised Rule 207 that includes ammonia as a PM2.5 precursor
within twelve months of the effective date of our action (i.e., by
October 5, 2018). To fulfill the commitment, the ICAPCD amended Rule
207 on September 11, 2018 and the California Air Resources Board (CARB)
submitted revised Rule 207 to the EPA on October 5, 2018.
We present our evaluation of revised Rule 207, as identified in
Table 1, in general terms below. Our technical support document (TSD),
which is available in the docket for the proposed rulemaking, contains
a more detailed analysis for today's proposed action.
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), 110(l), and 193 as
well as the applicable requirements contained in part D of title I of
the Act (sections 172 and 173) for a nonattainment NSR permit program.
In addition, the submitted rule must contain the applicable regulatory
provisions of 40 CFR 51.160-51.165 and 40 CFR 51.307.
Among other things, section 110 of the Act requires that SIP rules
be enforceable and 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 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.
Section 110(a)(2)(c) of the Act requires each SIP to include a
permit program to regulate the modification and construction of any
stationary source within the areas covered by the SIP as necessary to
assure attainment and maintenance of the NAAQS. The EPA's regulations
at 40 CFR 51.160-51.164 provide general programmatic requirements to
implement this statutory mandate commonly referred to as the ``minor
NSR'' or ``general NSR'' permit program. These NSR program regulations
impose requirements for SIP approval of state and local programs that
are more general in nature as compared to the specific statutory and
regulatory requirements for nonattainment NSR permitting programs under
Part D of title I of the Act.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), including
preconstruction permit requirements for new major sources and major
modifications proposing to construct in nonattainment areas (section
173).
[[Page 10755]]
Additionally, 40 CFR 51.165 sets forth the EPA's regulatory
requirements for SIP-approval of a nonattainment NSR permit program.
The protection of visibility requirements that apply to New Source
Review programs are contained in 40 CFR 51.307. This provision requires
that certain actions be taken in consultation with the local Federal
Land Manager if a new major source or major modification may have an
impact on visibility in any mandatory Class I Federal Area.
Section 110(l) of the Act prohibits the EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the CAA. Section 193 of the Act, which
only applies in nonattainment areas, prohibits the modification of a
SIP-approved control requirement in effect before November 15, 1990, in
any manner unless the modification insures equivalent or greater
emission reductions of such air pollutant.
The EPA has reviewed the submitted rule in accordance with the rule
evaluation criteria described above. With respect to procedures, based
on our review of the public process documentation included in the
October 5, 2018 submittal, we are proposing to approve the submitted
rule in part because we have determined that the ICAPCD has provided
sufficient evidence of public notice and opportunity for comment and
public hearings prior to adoption and submittal of this rule, in
accordance with the requirements of CAA sections 110(a)(2) and 110(l).
The amendment of Rule 207 now also includes ammonia as a potential
precursor to PM2.5, thus resolving the conditional approval
issue from the September 2017 action. Specifically, the revised Rule
207 updated definitions of ``emission increase'', ``major stationary
source'', ``precursors'', and ``significant'' to be consistent with
local and federal regulations and added language to specify when best
available control technology requirements apply to ammonia emissions.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
B. Public Comment and Proposed Action
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 April 22, 2019. If we take final action to approve the submitted
rule, our final action will incorporate this rule into the federally-
enforceable 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 ICAPCD 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 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 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 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. 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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 21, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 10756]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New Source Review, Particulate
matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019-05416 Filed 3-21-19; 8:45 am]
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