80 FR 39966 - Revisions to the California State Implementation Plan, South Coast Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 133 (July 13, 2015)
Federal Register Volume 80, Issue 133 (July 13, 2015)
| Page Range | 39966-39968 | |
| FR Document | 2015-16925 |
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)] [Rules and Regulations] [Pages 39966-39968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16925] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0841; FRL-9929-60-Region 9] Revisions to the California State Implementation Plan, South Coast Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking action to approve a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from Large Confined Animal Facilities. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on August 12, 2015. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2014-0841 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 [[Page 39967]] materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to 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 April 14, 2015, in 80 FR 19931, the EPA proposed approval of the following rule that was submitted for incorporation into the California SIP. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- SCAQMD............................ 223 Emission Reduction 06/02/06 03/17/09 Permits for Large Confined Animal Facilities. ---------------------------------------------------------------------------------------------------------------- Our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, 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 SCAQMD 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 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). In addition, 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 11, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. [[Page 39968]] Dated: June 9, 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 [AMENDED] 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 paragraph (c)(363)(i)(F) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (363) * * * (i) * * * (F) South Coast Air Quality Management District. (1) Rule 223, ``Emission Reduction Permits for Large Confined Animal Facilities,'' adopted on June 2, 2006. * * * * * [FR Doc. 2015-16925 Filed 7-10-15; 8:45 am] BILLING CODE 6560-50-P
![39966 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
E. Executive Order 13132: Federalism EPA’s evaluation of environmental Register. Filing a petition for review by
This action does not have federalism justice considerations is contained in the Administrator of this final action
implications. It will not have substantial section IV of this document. does not affect the finality of the action
direct effects on the states, on the for the purposes of judicial review nor
K. Congressional Review Act (CRA)
relationship between the national does it extend the time within which a
This action is subject to the CRA, and petition for judicial review must be
government and the states, or on the
the EPA will submit a rule report to filed, and shall not postpone the
distribution of power and
each House of the Congress and to the effectiveness of such rule or action.
responsibilities among the various
Comptroller General of the United
levels of government. List of Subjects in 40 CFR Part 52
States. This action is not a ‘‘major rule’’
F. Executive Order 13175: Consultation as defined by 5 U.S.C. 804(2). Environmental protection, Air
and Coordination With Indian Tribal pollution control, Incorporation by
L. Judicial Review
Governments reference, Intergovernmental relations,
Section 307(b)(l) of the CAA indicates Ozone, Reporting and recordkeeping
This action does not have tribal
which federal Courts of Appeal have requirements.
implications as specified in Executive
venue for petitions of review of final
Order 13175. This rule responds to the Dated: June 30, 2015.
agency actions by the EPA under the
requirement in the CAA for states to Janet G. McCabe,
CAA. This section provides, in part, that
submit SIPs under section 110(a) to Acting Assistant Administrator.
petitions for review must be filed in the
address CAA section 110(a)(2)(D)(i)(I)
Court of Appeals for the District of [FR Doc. 2015–16922 Filed 7–10–15; 8:45 am]
for the 2008 ozone NAAQS. No tribe is
Columbia Circuit (i) when the agency BILLING CODE 6560–50–P
subject to the requirement to submit an action consists of ‘‘nationally applicable
implementation plan under section regulations promulgated, or final actions
110(a) within 3 years of promulgation of taken, by the Administrator,’’ or (ii) ENVIRONMENTAL PROTECTION
a new or revised NAAQS. Thus, when such action is locally or regionally AGENCY
Executive Order 13175 does not apply applicable, if ‘‘such action is based on
to this action. a determination of nationwide scope or 40 CFR Part 52
G. Executive Order 13045: Protection of effect and if in taking such action the [EPA–R09–OAR–2014–0841; FRL–9929–60–
Children From Environmental Health Administrator finds and publishes that Region 9]
and Safety Risks such action is based on such a
The EPA interprets Executive Order determination.’’ Revisions to the California State
The EPA has determined that this Implementation Plan, South Coast Air
13045 as applying only to those
final rule consisting of findings of Quality Management District
regulatory actions that concern
failure to submit certain of the required
environmental health or safety risks that AGENCY: Environmental Protection
good neighbor SIP provisions is
the EPA has reason to believe may Agency (EPA).
‘‘nationally applicable’’ within the
disproportionately affect children, per ACTION: Final rule.
meaning of section 307(b)(1). This rule
the definition of ‘‘covered regulatory
affects 24 states across the country that
action’’ in section 2–202 of the SUMMARY: The Environmental Protection
are located in seven of the ten EPA
Executive Order. This action is not Agency (EPA) is taking action to
Regions, 10 different federal circuits,
subject to Executive Order 13045 approve a revision to the South Coast
and multiple time zones.
because it does not concern an This determination is appropriate Air Quality Management District
environmental health risk or safety risk. because, in the 1977 CAA Amendments (SCAQMD) portion of the California
that revised CAA section 307(b)(l), State Implementation Plan (SIP). This
H. Executive Order 13211: Actions That
Congress noted that the Administrator’s revision concerns volatile organic
Significantly Affect Energy Supply,
determination that an action is of compound (VOC) emissions from Large
Distribution or Use
‘‘nationwide scope or effect’’ would be Confined Animal Facilities. We are
This action is not subject to Executive approving a local rule to regulate these
Order 13211, because it is not a appropriate for any action that has
‘‘scope or effect beyond a single judicial emission sources under the Clean Air
significant regulatory action under Act (CAA or the Act).
Executive Order 12866. circuit.’’ H.R. Rep. No. 95–294 at 323–
324, reprinted in 1977 U.S.C.C.A.N. DATES: This rule will be effective on
I. National Technology Transfer and 1402–03. Here, the scope and effect of August 12, 2015.
Advancement Act this action extends to the 10 judicial ADDRESSES: The EPA has established
This rulemaking does not involve circuits that include the states across the docket number EPA–R09–OAR–2014–
technical standards. country affected by this action. In these 0841 for this action. Generally,
circumstances, section 307(b)(1) and its documents in the docket for this action
J. Executive Order 12898: Federal legislative history authorize the are available electronically at http://
Actions to Address Environmental Administrator to find the rule to be of www.regulations.gov or in hard copy at
Justice in Minority Populations and ‘‘nationwide scope or effect’’ and thus to EPA Region IX, 75 Hawthorne Street,
Low-Income Populations indicate that venue for challenges lies in San Francisco, California 94105–3901.
The EPA believes the human health or the DC Circuit. Accordingly, the EPA is While all documents in the docket are
environmental risk addressed by this determining that this is a rule of listed at http://www.regulations.gov,
srobinson on DSK5SPTVN1PROD with RULES
action will not have potential nationwide scope or effect. Under some information may be publicly
disproportionately high and adverse section 307(b)(1) of the CAA, petitions available only at the hard copy location
human health or environmental effects for judicial review of this action must be (e.g., copyrighted material, large maps,
on minority, low-income or indigenous filed in the United States Court of multi-volume reports), and some may
populations because it does not affect Appeals for the District of Columbia not be available in either location (e.g.,
the level of protection provided to within 60 days from the date this final confidential business information
human health or the environment. The action is published in the Federal (CBI)). To inspect the hard copy
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![39968 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
Dated: June 9, 2015. Number EPA–R03–OAR–2014–0833. All provisions of subpart 1 of part D of title
Jared Blumenfeld, documents in the docket are listed in I of the CAA (subpart 1), rather than
Regional Administrator, Region IX. the www.regulations.gov Web site. pursuant to the additional
Although listed in the electronic docket, implementation provisions specific to
Part 52, chapter I, title 40 of the Code
some information is not publicly particulate matter in subpart 4 of part D
of Federal Regulations is amended as
available, i.e., confidential business of title I (subpart 4).3 However, as was
follows:
information (CBI) or other information also discussed in the NPR, EPA’s final
PART 52 [AMENDED] whose disclosure is restricted by statute. actions redesignating all of the areas in
Certain other material, such as Maryland which were nonattainment for
■ 1. The authority citation for part 52 copyrighted material, is not placed on the 1997 PM2.5 NAAQS to attainment
continues to read as follows: the Internet and will be publicly obviated the need for MDE to submit a
available only in hard copy form. nonattainment NSR SIP addressing
Authority: 42 U.S.C. 7401 et seq.
Publicly available docket materials are PM2.5 requirements, including those
Subpart F—California available either electronically through under subpart 4. See 80 FR 15714. EPA,
www.regulations.gov or in hard copy for therefore, did not evaluate MDE’s
■ 2. Section 52.220 is amended by public inspection during normal August 22, 2013 SIP revision submittal
adding paragraph (c)(363)(i)(F) to read business hours at the Air Protection for compliance with subpart 4. To the
as follows: Division, U.S. Environmental Protection extent that any area in Maryland is
Agency, Region III, 1650 Arch Street, designated as nonattainment for PM2.5
§ 52.220 Identification of plan.
Philadelphia, Pennsylvania 19103. in the future, MDE will have to make a
* * * * * Copies of the State submittal are submittal under CAA section 189
(c) * * * available at the Maryland Department of addressing how its nonattainment NSR
(363) * * * the Environment, 1800 Washington permitting program satisfies all of the
(i) * * * Boulevard, Suite 705, Baltimore, statutory requirements pertaining to
(F) South Coast Air Quality Maryland 21230. PM2.5, including subpart 4.
Management District.
FOR FURTHER INFORMATION CONTACT:
(1) Rule 223, ‘‘Emission Reduction II. Summary of SIP Revision
David Talley, (215) 814–2117, or by
Permits for Large Confined Animal The 2008 NSR PM2.5 Rule: (1)
email at talley.david@epa.gov.
Facilities,’’ adopted on June 2, 2006. Required NSR permits to address
SUPPLEMENTARY INFORMATION:
* * * * * directly emitted PM2.5 and precursor
[FR Doc. 2015–16925 Filed 7–10–15; 8:45 am] I. Background pollutants; (2) established significant
BILLING CODE 6560–50–P On March 25, 2015 (80 FR 15713), emission rates for direct PM2.5 and
EPA published a notice of proposed precursor pollutants (including sulfur
rulemaking (NPR) for the State of dioxide (SO2) and oxides of nitrogen
ENVIRONMENTAL PROTECTION Maryland. In the NPR, EPA proposed (NOX)); (3) established PM2.5 emission
AGENCY approval of revisions to Maryland’s offsets; and (4) required states to
major nonattainment NSR program, account for gases that condense to form
40 CFR Part 52
notably preconstruction permitting particles (condensables) in PM2.5
[EPA–R03–OAR–2014–0833; FRL–9930–31– requirements for sources of fine emission limits.
Region 3] particulate matter (PM2.5). The formal To implement these provisions,
SIP revision (#13–06) was submitted by Maryland amended Regulation .01
Approval and Promulgation of Air MDE on August 22, 2013. under COMAR 26.11.01 (General
Quality Implementation Plans; Generally, the revisions incorporate Administrative Provisions) and
Maryland; Preconstruction provisions related to the 2008 Regulations .01 and .02 under COMAR
Requirements—Nonattainment New ‘‘Implementation of the New Source 26.11.17 (Nonattainment Provisions for
Source Review Review (NSR) Program for Particulate Major New Sources and Major
AGENCY: Environmental Protection Matter Less than 2.5 Micrometers Modifications). The general definitions
Agency (EPA). (PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR at COMAR 26.11.01.01 were amended to
28321 (May 16, 2008). As discussed in add definitions of ‘‘PM2.5’’ and ‘‘PM2.5
ACTION: Final rule.
the NPR, the 2008 NSR PM2.5 Rule (as emissions.’’ COMAR 26.11.17 contains
SUMMARY: The Environmental Protection well as the 2007 ‘‘Final Clean Air Fine the preconstruction requirements for
Agency (EPA) is approving a State Particle Implementation Rule’’ (2007 new major stationary sources and major
Implementation Plan (SIP) revision PM2.5 Implementation Rule) 1), was the modifications locating in nonattainment
submitted on August 22, 2013 by the subject of litigation before the United areas. The definitions of ‘‘regulated NSR
Maryland Department of the States Court of Appeals for the District pollutant’’ and ‘‘significant’’ under
Environment (MDE) on behalf of the of Columbia Circuit (D.C. Circuit) in COMAR 26.11.17.01 were amended.
State of Maryland. This revision Natural Resources Defense Council v. The amended definitions require that
pertains to Maryland’s major EPA (hereafter, NRDC v. EPA).2 On sources account for the condensable
nonattainment New Source Review January 4, 2013, the D.C. Circuit fraction of PM10 and PM2.5, require that
(NSR) program, notably preconstruction remanded to EPA both the 2007 PM2.5 NOX and SO2 be regulated as precursors
permitting requirements for sources of Implementation Rule and the 2008 NSR to PM10 and PM2.5, and establish
PM2.5 Rule. The court found that in both
srobinson on DSK5SPTVN1PROD with RULES
fine particulate matter (PM2.5). This
action is being taken under the Clean rules EPA erred in implementing the 3 The court’s opinion did not specifically address
Air Act (CAA). 1997 PM2.5 National Ambient Air the point that implementation under subpart 4
Quality Standard (NAAQS) solely requirements would still require consideration of
DATES: This final rule is effective on pursuant to the general implementation subpart 1 requirements, to the extent that subpart
August 12, 2015. 4 did not override subpart 1. EPA assumes that the
court presumed that EPA would address this issue
ADDRESSES: EPA has established a 1 72 FR 20586 (April 25, 2007). of potential overlap between subpart 1 and subpart
docket for this action under Docket ID 2 706 F.3d 428 (D.C. Cir. 2013). 4 requirements in subsequent actions.
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Document Created: 2018-02-23 09:17:31
Document Modified: 2018-02-23 09:17:31
| 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 will be effective on August 12, 2015. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 80 FR 39966 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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