[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Rules and Regulations]
[Pages 44545-44547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18135]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0056; FRL-9996-19-Region 9]


Approval of California Air Plan Revisions; Imperial 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 taking final 
action 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 approving a local rule under the Clean Air Act 
(CAA or the Act).

DATES: This rule will be effective on September 25, 2019.

[[Page 44546]]


ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0056. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) 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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: T. Khoi Nguyen, EPA Region IX, (415) 
947-4120, [email protected], 75 Hawthorne Street (AIR-3-1), San 
Francisco, California 94105.

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 March 22, 2019, the EPA proposed an approval of Rule 207--New 
and Modified Stationary Source Review, as noted in Table 1, submitted 
by the California Air Resources Board (CARB) for incorporation into the 
ICAPCD portion of the California SIP. 84 FR 10753. Table 1 also lists 
the dates the rule was adopted by the ICAPCD and submitted by CARB, 
which is the governor's designee for California SIP submittals. 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.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule #                 Rule title                   Amended        Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD........................        207  New and Modified Stationary Source            9/11/18         10/5/18
                                            Review \1\.
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    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. The rule was amended by 
the District to correct a deficiency identified by the EPA on September 
5, 2017 in a previous version of the rule amended October 22, 2013. 82 
FR 41895. The deficiency identified by the EPA in our September 5, 2017 
action was that Rule 207 did not regulate ammonia as a PM2.5 
precursor. We are now approving Rule 207 as amended by the District on 
September 11, 2018 because it satisfies all of the statutory and 
regulatory requirements for a nonattainment NSR permit program as set 
forth in the applicable provisions of part D of title I of the Act 
(sections 172, 173 and 182(a)) and in 40 CFR 51.165 and 40 CFR 51.307 
and now satisfies the requirements in 40 CFR 51.165(a)(13) for the 
regulation of PM2.5 precursors as it pertains to ammonia. 
Our proposed action contains more information on the rule and our 
evaluation.
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    \1\ Except subsections C.1.c, C.2.a, C.2.b, D.1.g, and D.3.b, 
which were not submitted to the EPA by the state for consideration 
for inclusion in the SIP.
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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. However, the comments 
were either not adverse or irrelevant to the proposed action. The 
comments have been added to the docket for this action and are 
accessible at https://www.regulations.gov.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
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 
ICAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through https://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 EPA 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 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 3, 
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

[[Page 44547]]

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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 25, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 24, 2019.
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)(490)(i)(A)(2) and 
(c)(522) to read as follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (490) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on September 5, 2017 in paragraph 
(c)(490)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(522)(i)(A)(1) of this section, Rule 207 revised on April 
24, 2014.
* * * * *
    (522) The following amended regulations were submitted on October 
5, 2018 by the Governor's designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution 
Control District.
    (1) Rule 207, ``New and Modified Stationary Source Review,'' except 
subsections C.1.c, C.2.a, C.2.b, D.1.g, and D.3.b, revised on September 
11, 2018.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2019-18135 Filed 8-23-19; 8:45 am]
 BILLING CODE 6560-50-P