[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Proposed Rules]
[Pages 56959-56961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22917]



[[Page 56959]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0381; FRL-10001-25-Region 9]


Air Plan Approval; California; Placer 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 a 
limited approval and limited disapproval of a revision to the Placer 
County Air Pollution Control District (PCAPCD 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 under the Clean Air Act (CAA 
or ``Act''). This action updates the PCAPCD's applicable SIP with 
current administrative requirements for the issuance of permits. We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by November 25, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0381 at https://www.regulations.gov, or via email to 
[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. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, Air-3-
1, 75 Hawthorne St., San Francisco, CA 94105, (415) 972-3534, 
[email protected].

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. Proposed Action and Public Comment
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, including the 
date it was adopted by the PCAPCD and submitted by the California Air 
Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                                                    Adopted or
                  Rule No.                                Rule Title                  amended        Submitted
----------------------------------------------------------------------------------------------------------------
501........................................  General Permit Requirements........         8/12/10         12/7/10
----------------------------------------------------------------------------------------------------------------

    On January 13, 2011, the EPA determined that this SIP submittal 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?

    There is no previous version of Rule 501 approved in the SIP. Rule 
501 will replace the current SIP-approved rules listed in Table 2, 
which are applicable to specific air basins in Placer County, as noted.

                                           Table 2--SIP-Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                Federal Register
            Rule No.                   Rule title            Air basin      SIP approval date       Citation
----------------------------------------------------------------------------------------------------------------
2 (aka Article 2)..............  Application for         Lake Tahoe.......          5/31/1972        37 FR 10856
                                  Building Permit.
403............................  Responsibility of       Lake Tahoe.......          6/14/1978        43 FR 25684
                                  Permittee.
502............................  Permit Exemptions.....  Lake Tahoe.......          6/23/1982        47 FR 27065
503............................  Transfer..............  Lake Tahoe.......          6/23/1982        47 FR 27065
505............................  Cancellation of         Lake Tahoe.......          6/23/1982        47 FR 27065
                                  Authority to
                                  Construct.
507............................  Provision of Sampling   Lake Tahoe.......          4/23/1982        47 FR 17486
                                  and Testing
                                  Facilities.
514............................  Standards for Granting  Lake Tahoe.......          6/23/1982        47 FR 27065
                                  Applications.
2 (aka Article 2)..............  Application for         Mountain.........          5/31/1972        37 FR 10856
                                  Building Permit.
403............................  Responsibility of       Mountain.........          6/14/1978        43 FR 25684
                                  Permittee.
501............................  Permit to Operate,      Mountain.........          5/18/1981        46 FR 27115
                                  paragraph b.
502............................  Permit Exemptions.....  Mountain.........          5/18/1981        46 FR 27115
505............................  Cancellation of         Mountain.........          7/12/1990        55 FR 28622
                                  Authority to
                                  Construct.
507............................  Provision of Sampling   Mountain.........         11/15/1978        43 FR 53035
                                  and Testing
                                  Facilities.
507............................  Provision of Sampling   Mountain.........          7/12/1990        55 FR 28622
                                  and Testing
                                  Facilities, paragraph
                                  d.
2 (aka Article 2)..............  Application for         Sacramento.......          5/31/1972        37 FR 10856
                                  Building Permit.
403............................  Responsibility of       Sacramento.......          6/14/1978        43 FR 25684
                                  Permittee.

[[Page 56960]]

 
507............................  Provision of Sampling   Sacramento.......         11/15/1978        48 FR 53035
                                  and Testing
                                  Facilities.
----------------------------------------------------------------------------------------------------------------

    If the EPA finalizes the action proposed herein, these rules will 
be removed from the SIP.

C. What is the purpose of the submitted rule?

    The submitted rule is intended to satisfy the ``general'' or 
``minor'' NSR requirements of section 110(a)(2)(C) and related EPA 
regulations. General NSR requirements are applicable to all permits 
issued by the PCAPCD. Rule 501 consolidates the requirements from 
several existing rules and codified these requirements into a single 
administrative rule.

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), 110(l), and 193, as well 
as contain the applicable regulatory provisions required by 40 CFR 
51.160-51.164.
    Section 110(a)(2)(A) of the Act requires that regulations submitted 
to the EPA for SIP approval must be legally enforceable. 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 Act. Section 193 of the Act prohibits the 
modification of a SIP-approved control requirement in effect before 
November 15, 1990 in a nonattainment area, unless the modification 
ensures equivalent or greater emission reductions of the relevant 
pollutant(s). With respect to procedures, CAA sections 110(a) and 
110(l) require that a state conduct reasonable notice and hearing 
before adopting a SIP revision.
    Section 110(a)(2)(C) of the Act requires each SIP to include a 
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 National Ambient Air Quality 
Standards (NAAQS). The EPA's regulations at 40 CFR 51.160-51.164 
provide general programmatic requirements to implement this statutory 
mandate. These requirements, commonly referred to as the ``minor NSR'' 
or ``general NSR'' program, apply generally to both major and non-major 
stationary sources and modifications and in both attainment and 
nonattainment areas, in contrast to the specific statutory and 
regulatory requirements for permitting programs under parts C and D of 
title I of the Act that apply to major sources in attainment and 
nonattainment areas, respectively.

B. Does the rule meet the evaluation criteria?

    The EPA has reviewed the submitted rule in accordance with the rule 
evaluation criteria described above. With respect to the procedural 
requirements, based on our review of the public process documentation 
included with the submitted rule, we find that that the PCAPCD 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) and 
110(l).
    With respect to the substantive requirements of CAA sections 110(l) 
and 193, we find that our approval of this SIP submittal would not 
interfere with any applicable requirement concerning attainment and RFP 
or any other applicable requirement of the Act, and that the submitted 
rule is not subject to section 193 of the Act because it does not 
contain any control requirements.
    With respect to the substantive statutory and regulatory 
requirements for a general NSR permit program as contained in CAA 
section 110(a)(2)(C) and 40 CFR 51.160-51.164, we find the submitted 
rule satisfies these requirements, except as discussed below.
    Submitted Rule 501 contains the following deficiencies. The 
technical support document (TSD) included in the docket for this 
proposed rulemaking contains a more detailed analysis.
    1. Rule 501, Section 303.1 is deficient because it does not 
specifically require the Air Pollution Control Officer (APCO) to 
determine and deny a permit if a proposed project will (1) cause a 
violation of the SIP or (2) interfere with attainment or maintenance of 
a NAAQS. It is also deficient because it only requires the APCO to 
evaluate whether an emission unit will be operated in compliance with 
all applicable requirements as of the application completeness date, 
rather than as of the date of permit issuance. (See TSD Section 5.2.1, 
Item 1.(b).)
    2. The District's minor NSR program is deficient because it does 
not contain any public notice requirements for new or modified emission 
units located in the Lake Tahoe Air Basin portion of Placer County. 
(See TSD Section 5.2.1, Item 2.(a).)
    3. Rule 501 is deficient because it does not contain any provisions 
that address stack height procedures as required by 40 CFR 51.164. (See 
TSD Section 5.2.1, Item 5.)
    4. Rule 501, Section 200--Definitions, is deficient because it 
references and relies on the definitions contained in Rule 504, 
``Emission Reduction Credits,'' which is not SIP-approved. (See TSD 
Section 5.2.3.)
    The submitted rules are otherwise consistent with criteria for the 
EPA's approval of regulations submitted for inclusion in the SIP, 
including the requirement at CAA section 110(c)(2)(A) that submitted 
regulations be legally enforceable.
    For the reasons stated above and explained further in our TSD, we 
find that the submitted NSR rules generally satisfy the applicable CAA 
and regulatory requirements for a general NSR permit program, subject 
to the four deficiencies noted above.

C. Proposed Action and Public Comment

    As authorized by CAA section 110(k)(3) and 301(a), we are proposing 
limited approval and limited disapproval of Rule 501 ``General Permit 
Requirements'' into the PCAPCD portion of the California SIP. If 
finalized, this action will incorporate the submitted rule into the 
SIP, including those provisions identified as deficient. The approval 
of Rule 501 is limited because EPA is simultaneously proposing a 
limited disapproval of Rule 501 under section 110(k)(3).
    If we finalize this action as proposed, our action will be codified 
through revisions to 40 CFR 52.220 (Identification of plan--in part).
    We will accept comments from the public on this proposal until 
November 25, 2019.

[[Page 56961]]

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 PCAPCD rule described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials 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).

IV. 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 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).

List of Subjects in 40 CFR Part 52

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

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-22917 Filed 10-23-19; 8:45 am]
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