[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Rules and Regulations]
[Pages 66074-66075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26036]



[[Page 66074]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0713: FRL-10001-66-Region 9]


Revisions to California State Implementation Plan; Antelope 
Valley Air Quality Management District and Ventura County Air Pollution 
Control District; 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 proposing to 
approve two 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) and one SIP revision regarding a permit rule. 
These SIP revisions address the Antelope Valley Air Quality Management 
District (AVAQMD or District) and Ventura County Air Pollution Control 
District (VCAPCD or District) portions of the California SIP. This 
action is being taken pursuant to the Clean Air Act (CAA or ``Act'') 
and its implementing regulations.

DATES: This rule will be effective on January 2, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0713. 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 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: Manny Aquitania, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; (415) 972-3977, 
[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
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On August 22, 2019 (84 FR 43738), 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 AVAQMD and the VCAPCD, and one SIP 
revision regarding a permit rule.

                                             Table 1--SIP Revisions
----------------------------------------------------------------------------------------------------------------
                                                                                  Adoption/amend
              District                      Rule #               Rule title            date       Submittal date
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................  N/A.................  2008 Ozone                  7/17/2018       8/31/2018
                                                            Certification.
VCAPCD.............................  N/A.................  2008 Ozone                  7/31/2018       8/31/2018
                                                            Certification.
VCAPCD.............................  10..................  Permits Required.....       4/13/2004       7/19/2004
----------------------------------------------------------------------------------------------------------------

    Initially, the EPA proposed to approve the SIP revisions for AVAQMD 
and VCAPCD on May 10, 2019. The EPA received one adverse comment 
stating that Section V, Incorporation by Reference, contained an 
administrative error regarding what provisions were to be incorporated 
by reference. To address this error, the EPA corrected Section V and 
re-proposed our action in the Federal Register on August 22, 2019 (84 
FR 43738). Our new notice clearly stated that we proposed to 
incorporate by reference Ventura County Rule 10, ``Required Permits'' 
into the SIP.
    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

    The EPA's proposed action provided a 30-day public comment period. 
No comments were received.

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 approving the two 
certifications and one rule, into the California SIP as proposed.

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 
VCAPCD rule listed in Table 1 of this preamble. The EPA has made, and 
will continue to make, these materials available electronically 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 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

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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.

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

    Dated: October 21, 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)(332)(i)(B)(5) and 
(c)(528) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (332) * * *
    (i) * * *
    (B) * * *
    (5) Ventura County Rule 10--Permits Required, adopted on April 13, 
2004.
* * * * *
    (528) New additional materials for the following air districts were 
submitted on August 31, 2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Materials.
    (A) Antelope Valley Air Quality Management District.
    (1) ``Nonattainment New Source Review (NNSR) Compliance 
Demonstrations for the 2008 Ozone National Ambient Air Quality Standard 
(NAAQS),'' adopted July 17, 2018.
    (2) [Reserved]
    (B) Ventura County Air Pollution Control District.
    (1) ``NNSR Compliance Demonstrations for the 2008 Ozone NAAQS,'' 
adopted July 31, 2018.
    (2) [Reserved]

[FR Doc. 2019-26036 Filed 12-2-19; 8:45 am]
 BILLING CODE 6560-50-P