80 FR 15899 - Approval, Disapproval, and Limited Approval and Disapproval of Air Quality Implementation Plans; California; Monterey Bay Unified Air Pollution Control District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 58 (March 26, 2015)
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15899-15901 | |
| FR Document | 2015-06705 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Rules and Regulations] [Pages 15899-15901] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06705] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0746; FRL-9924-49-Region 9] Approval, Disapproval, and Limited Approval and Disapproval of Air Quality Implementation Plans; California; Monterey Bay Unified Air Pollution Control District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve certain revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD or District) portion of the applicable state implementation plan (SIP) for the State of California and to disapprove certain other revisions. This action was proposed in the Federal Register on October 15, 2014. These revisions include submittal of certain new or revised rules governing the issuance of permits for stationary sources, including review and permitting of minor sources, and major sources and major modifications under part C of title I of the Clean Air Act (CAA). EPA is taking this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to update the applicable SIP with current MBUAPCD permitting rules and set the stage for remedying certain deficiencies in these rules. DATES: This rule is effective on April 27, 2015. ADDRESSES: EPA has established docket number [EPA-R09-OAR-2014-0746] for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, by phone: (415) 972-3534 or by email at yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents I. Proposed Action II. Public Comment III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On October 15, 2014 (79 FR 61797), EPA proposed several actions in connection with certain revisions to the MBUAPCD portion of the California SIP submitted by the California Air Resources Board under the CAA. Table 1 lists the rules submitted for EPA action. [[Page 15900]] Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted or Rule No. Rule title revised Submitted ---------------------------------------------------------------------------------------------------------------- 200........................................ Permits Required................... 12/13/00 5/8/01 203........................................ Application........................ 10/16/02 12/12/02 204........................................ Cancellation of Applications....... 3/21/01 5/31/01 206........................................ Standards for Granting Applications 3/21/01 5/31/01 207........................................ Review of New or Modified Sources.. 4/20/11 5/12/11 208........................................ Standards for Granting Permits to 12/13/00 5/8/01 Operate (Request to Repeal). 212........................................ Public Availability of Emission 10/16/02 12/12/02 Data. ---------------------------------------------------------------------------------------------------------------- EPA proposed a combination of actions consisting of disapproval of Rule 200 (Permits), limited approval and limited disapproval of Rule 207 (Review of New or Modified Sources), repeal of Rule 208 (Standards for Granting Permits to Operate) and approval of Rules 203 (Application), 204 (Cancellation of Applications), 206 (Standards for Granting Applications) and 212 (Public Availability of Emission Data). We noted one specific deficiency in Rule 200 and several deficiencies in Rule 207 that are the basis for the disapproval actions. Please see the proposed notice and the associated TSD for a list of these deficiencies. II. Public Comment EPA's proposed action provided a 30-day public comment period. During this time we received no comments. III. EPA Action No comments were submitted to change our assessment of the rules as described in our proposed action. Pursuant to section 110(k) of the CAA and for the reasons provided in our proposed action and associated TSD, EPA is finalizing a limited approval and limited disapproval of Rule 207, a full disapproval of Rule 200, full approval of Rules 203, 204, 206 and 212 and the request to repeal Rule 208. Our full disapproval of Rule 200 means the current SIP approved version of Rule 200--Permits Required will remain in effect. (64 FR 35577 July 1, 1999). The limited disapproval of Rule 207 triggers an obligation for EPA to promulgate a Federal Implementation Plan unless the State of California corrects the deficiencies, and EPA approves the related plan revisions within two years of the final action. 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 MBUAPCD rules described in the amendments to 40 CFR 52.220 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES 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, 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); 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). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and [[Page 15901]] recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 4, 2015. Jared Blumenfeld, 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)(282)(i)(C)(2) and (3) and (c)(284)(i)(A)(5) and (c)(308)(i)(E) and (c)(453) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (282) * * * (i) * * * (C) * * * (2) Rule 204, ``Cancellation of Applications,'' revised on March 21, 2001. (3) Rule 206, ``Standards for Issuing Authorities to Construct and Permits to Operate,'' revised on March 21, 2001. * * * * * (284) * * * (i) * * * (A) * * * (5) Rule 200, ``Permits Required,'' revised on December 13, 2000. * * * * * (308) * * * (i) * * * (E) Monterey Bay Unified Air Pollution Control District. (1) Rule 203, ``Application,'' revised October 16, 2002. (2) Rule 212, ``Public Availability of Emission Data,'' revised on October 16, 2002. * * * * * (453) New and amended regulations for the following APCDs were submitted on May 12, 2011. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 207, ``Review of New or Modified Sources,'' revised on April 20, 2011. [FR Doc. 2015-06705 Filed 3-25-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15899
Quota type Eligible person Eligibility requirements
(ii) Participated as crew in at least one delivery of crab in a
CR crab fishery in any 3 of the 5 crab fishing years start-
ing on July 1, 2000, through June 30, 2005.
(viii) CVC or CPC IFQ .................... All eligible individuals for CVC or According to the requirements in paragraph (c)(1)(vii) of this section.
CPC QS.
(2) * * * evidentiary period if the Regional and major sources and major
(ii) * * * Administrator determines that the modifications under part C of title I of
(C) Eligibility for CVC or CPC QS/IFQ. information or evidence provided by the the Clean Air Act (CAA). EPA is taking
Indicate (YES or NO) whether this CVC or CPC QS holder fails to this action under the Clean Air Act
application is intended for a person who demonstrate participation as crew and is obligation to take action on State
wishes to buy CVC or CPC QS/IFQ. If insufficient to rebut the information submittals of revisions to state
YES, provide evidence demonstrating included in the CVC or CPC QS holder’s implementation plans. The intended
that the applicant meets the criteria set Applications for Annual Crab IFQ effect is to update the applicable SIP
forth in paragraph (c)(1)(vii) of this Permit, or if the additional information with current MBUAPCD permitting
section. Acceptable evidence is limited or evidence is not provided within the rules and set the stage for remedying
to an ADF&G fish ticket imprinted with time period specified in the Notice of C certain deficiencies in these rules.
the applicant’s State of Alaska permit Share QS Inactivity. The IAD will DATES: This rule is effective on April 27,
card and signed by the applicant, an explain the basis for the revocation 2015.
affidavit from the vessel owner, or a determination. A CVC or CPC QS holder
signed receipt for an IFQ crab landing who receives an IAD for revocation may ADDRESSES: EPA has established docket
on which the applicant was acting as appeal under the appeals procedures set number [EPA–R09–OAR–2014–0746]
the permit holder’s crab IFQ hired forth at 15 CFR part 906. A CVC or CPC for this action. Generally, documents in
master. QS holder who avails himself or herself the docket for this action are available
* * * * * of the opportunity to appeal an IAD for electronically at http://
(e) * * * revocation will not receive crab IFQ or www.regulations.gov or in hard copy at
(3) IFQ derived from CVC QS or CPC IPQ until after the final resolution of EPA Region IX, 75 Hawthorne Street,
QS. IFQ derived from CVC or CPC QS that appeal in the QS holder’s favor. San Francisco, California 94105–3901.
may be transferred by lease on an While all documents in the docket are
[FR Doc. 2015–06928 Filed 3–25–15; 8:45 am]
annual basis. listed at http://www.regulations.gov,
BILLING CODE 3510–22–P
some information may be publicly
* * * * *
available only at the hard copy location
■ 9. Revise § 680.43 to read as follows:
(e.g., copyrighted material, large maps,
ENVIRONMENTAL PROTECTION multi-volume reports), and some may
§ 680.43 Revocation of CVC and CPC QS.
AGENCY not be available in either location (e.g.,
(a) Beginning July 1, 2019, the
Regional Administrator will revoke all confidential business information
40 CFR Part 52
CVC QS and CPC QS held by an (CBI)). To inspect the hard copy
individual who has not met the [EPA–R09–OAR–2014–0746; FRL–9924–49– materials, please schedule an
Region 9] appointment during normal business
participation requirements set forth in
§ 680.40(m). The Regional hours with the contact listed in the FOR
Approval, Disapproval, and Limited FURTHER INFORMATION CONTACT section.
Administrator will revoke an Approval and Disapproval of Air
individual’s CVC QS or CPC QS in Quality Implementation Plans; FOR FURTHER INFORMATION CONTACT:
accordance with the procedures set California; Monterey Bay Unified Air Laura Yannayon, EPA Region IX, by
forth in this section. Pollution Control District; Stationary phone: (415) 972–3534 or by email at
(b) Notice of C Share QS Inactivity. Source Permits yannayon.laura@epa.gov.
The Regional Administrator will issue a SUPPLEMENTARY INFORMATION:
Notice of C Share QS Inactivity to an AGENCY: Environmental Protection Throughout this document, the terms
individual holding CVC or CPC QS if, Agency (EPA). ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
after reviewing the CVC or CPC QS ACTION: Final rule.
holder’s Applications for Annual Crab Table of Contents
IFQ Permit, the Regional Administrator SUMMARY: The Environmental Protection I. Proposed Action
determines that the CVC or CPC QS Agency (EPA) is taking final action to II. Public Comment
holder has failed to meet the approve certain revisions to the III. EPA Action
participation requirements in Monterey Bay Unified Air Pollution IV. Incorporation by Reference
§ 680.40(m). A CVC or CPC QS holder Control District (MBUAPCD or District) V. Statutory and Executive Order Reviews
who receives such a Notice will have 60 portion of the applicable state
I. Proposed Action
days to provide the Regional implementation plan (SIP) for the State
Administrator with information of California and to disapprove certain On October 15, 2014 (79 FR 61797),
mstockstill on DSK4VPTVN1PROD with RULES
demonstrating participation as crew that other revisions. This action was EPA proposed several actions in
meets the requirements of § 680.40(m). proposed in the Federal Register on connection with certain revisions to the
(c) Initial administrative October 15, 2014. These revisions MBUAPCD portion of the California SIP
determination (IAD). The Regional include submittal of certain new or submitted by the California Air
Administrator will prepare and send an revised rules governing the issuance of Resources Board under the CAA. Table
IAD to the CVC or CPC QS holder permits for stationary sources, including 1 lists the rules submitted for EPA
following the expiration of the 60-day review and permitting of minor sources, action.
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![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15901
recordkeeping requirements, Volatile ENVIRONMENTAL PROTECTION reference, Intergovernmental relations,
organic compounds. AGENCY Nitrogen dioxides, Ozone, Particulate
Authority: 42 U.S.C. 7401 et seq. matter, Reporting and recordkeeping
40 CFR Part 52 requirements, Volatile organic
Dated: March 4, 2015. compounds.
Jared Blumenfeld, [EPA–R06–OAR–2008–0636; FRL–9925–11–
Region 6] Dated: March 13, 2015.
Regional Administrator, Region IX.
Ron Curry,
Part 52, Chapter I, Title 40 of the Code Approval and Promulgation of Air Regional Administrator, Region 6.
of Federal Regulations is amended as Quality Implementation Plans; New Accordingly, the amendments to 40
follows: Mexico; Albuquerque/Bernalillo CFR 52.1620 published in the Federal
County; Revisions to Emission Register on February 2, 2015 (80 FR
PART 52—APPROVAL AND Inventory Requirements, and General
PROMULGATION OF 5471), which were to become effective
Provisions on April 3, 2015, are withdrawn.
IMPLEMENTATION PLANS
AGENCY: Environmental Protection [FR Doc. 2015–06701 Filed 3–25–15; 8:45 am]
■ 1. The authority citation for Part 52 Agency (EPA). BILLING CODE 6560–50–P
continues to read as follows: ACTION: Withdrawal of direct final rule.
Authority: 42 U.S.C. 7401 et seq.
SUMMARY: On February 2, 2015, the ENVIRONMENTAL PROTECTION
Subpart F—California Environmental Protection Agency (EPA) AGENCY
published a direct final rule approving
■ 2. Section 52.220 is amended by revisions to the Albuquerque/Bernalillo 40 CFR Part 300
adding paragraphs (c)(282)(i)(C)(2) and County, New Mexico State
Implementation Plan. These revisions [EPA–HQ–SFUND–2014–0624, 0625; FRL
(3) and (c)(284)(i)(A)(5) and
9924–32–OSWER]
(c)(308)(i)(E) and (c)(453) to read as add definitions and clarifying changes
follows: to the general provisions and add a new National Priorities List
emissions inventory regulation that
§ 52.220 Identification of plan. establishes reporting requirements for AGENCY: Environmental Protection
* * * * * stationary sources in Albuquerque/ Agency (EPA).
(c) * * * Bernalillo County. The direct final rule ACTION: Final rule.
(282) * * * was published without prior proposal
(i) * * * because EPA anticipated no adverse SUMMARY: The Comprehensive
(C) * * * comments. EPA stated in the direct final Environmental Response,
(2) Rule 204, ‘‘Cancellation of rule that if we received relevant, adverse Compensation, and Liability Act of 1980
Applications,’’ revised on March 21, comments by March 4, 2015, EPA (‘‘CERCLA’’ or ‘‘the Act’’), as amended,
2001. would publish a timely withdrawal in requires that the National Oil and
(3) Rule 206, ‘‘Standards for Issuing the Federal Register. EPA received a Hazardous Substances Pollution
Authorities to Construct and Permits to comment on February 20, 2015 from the Contingency Plan (‘‘NCP’’) include a list
Operate,’’ revised on March 21, 2001. Sierra Club stating in relevant part, that of national priorities among the known
an Acting Regional Administrator releases or threatened releases of
* * * * *
cannot sign approvals, disapprovals, or hazardous substances, pollutants or
(284) * * *
any combination of approvals or contaminants throughout the United
(i) * * *
disapproval, in whole or in part, due to States. The National Priorities List
(A) * * * (‘‘NPL’’) constitutes this list. The NPL is
the fact that the authority to act on
(5) Rule 200, ‘‘Permits Required,’’ intended primarily to guide the
agency actions on state implementation
revised on December 13, 2000. Environmental Protection Agency (‘‘the
plans is delegated only to, and therefore
* * * * * can only be signed by, the Regional EPA’’ or ‘‘the agency’’) in determining
(308) * * * Administrator. EPA considers this a which sites warrant further
(i) * * * relevant, adverse comment and investigation. These further
(E) Monterey Bay Unified Air accordingly we are withdrawing our investigations will allow the EPA to
Pollution Control District. direct final rule approval, and in a assess the nature and extent of public
(1) Rule 203, ‘‘Application,’’ revised separate subsequent final rulemaking health and environmental risks
October 16, 2002. we will address the comment received. associated with the site and to
(2) Rule 212, ‘‘Public Availability of The withdrawal is being taken pursuant determine what CERCLA-financed
Emission Data,’’ revised on October 16, to section 110 of the Clean Air Act remedial action(s), if any, may be
2002. (CAA). appropriate. This rule adds two sites to
* * * * * the General Superfund section of the
DATES: The direct final rule published
(453) New and amended regulations NPL.
on February 2, 2015 (80 FR 5471), is
for the following APCDs were submitted withdrawn effective March 26, 2015. DATES: The document is effective on
on May 12, 2011. April 27, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
(i) Incorporation by reference. ADDRESSES: Contact information for the
John Walser (6PD–L), Air Planning
mstockstill on DSK4VPTVN1PROD with RULES
(A) Monterey Bay Unified Air Section, telephone (214) 665–7128, fax EPA Headquarters and EPA Region 5
Pollution Control District. (214) 665–6762, email: walser.john@ dockets:
(1) Rule 207, ‘‘Review of New or epa.gov. • Docket Coordinator, Headquarters;
Modified Sources,’’ revised on April 20, U.S. Environmental Protection Agency;
2011. List of Subjects in 40 CFR Part 52 CERCLA Docket Office; 1301
[FR Doc. 2015–06705 Filed 3–25–15; 8:45 am] Environmental protection, Air Constitution Avenue NW.; William
BILLING CODE 6560–50–P pollution control, Incorporation by Jefferson Clinton Building West, Room
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Document Created: 2015-12-18 11:46:59
Document Modified: 2015-12-18 11:46:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on April 27, 2015. | |
| Contact | Laura Yannayon, EPA Region IX, by phone: (415) 972-3534 or by email at [email protected] | |
| FR Citation | 80 FR 15899 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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