[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
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Local agency Rule # Rule title Amended Submitted
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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]
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