80 FR 40909 - Revisions to the California SIP, Ventura & Eastern Kern Air Pollution Control Districts; Permit Exemptions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range		40909-40910
FR Document		2015-17064

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) and Eastern Kern Air Pollution Control District (EKAPCD) portions of the California State Implementation Plan (SIP). These revisions clarify, update, and revise exemptions from New Source Review (NSR) permitting requirements, for various air pollution sources.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40909-40910]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-17064]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0082; FRL-9929-64-Region 9]

Revisions to the California SIP, Ventura & Eastern Kern Air
Pollution Control Districts; Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Ventura County Air Pollution Control
District (VCAPCD) and Eastern Kern Air Pollution Control District
(EKAPCD) portions of the California State Implementation Plan (SIP).
These revisions clarify, update, and revise exemptions from New Source
Review (NSR) permitting requirements, for various air pollution
sources.

DATES: This rule will be effective on August 13, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-0082 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: Lawrence Maurin, EPA Region IX, (415)
972-3943, Maurin.Lawrence@epa.gov.

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 (80 FR 19932), EPA proposed to approve the
following rules into the California SIP. Table 1 lists the rules
addressed by this proposal, including the dates they were revised by
the local air agency and submitted by the California Air Resources
Board (CARB).

Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revision date Submittal date
----------------------------------------------------------------------------------------------------------------
VCAPCD................................ 23 Exemptions from Permit.. 11/12/13 05/13/14
EKAPCD................................ 202 Permit Exemptions....... 01/13/11 06/21/11
----------------------------------------------------------------------------------------------------------------

[[Page 40910]]

We proposed to approve these rules because we determined that they
complied with the relevant Clean Air Act (CAA) requirements. Our
proposed action contains more information on the rules and our
evaluation.

II. Public Comments and EPA Responses

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 these rules 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
Ventura County Air Pollution Control District and Eastern Kern Air
Pollution Control District 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 (Public Law 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 14, 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, Intergovernmental
relations, Incorporation by reference, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: June 16, 2015.
Alexis Strauss,
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 paragraph (c)(391) (i)(A)(2) and
(c)(441)(i)(C)(3) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *
(c) * * *
(391) * * *
(i) * * *
(A) * * *
(2) Rule 202, ``Permit Exemptions,'' amended on January 13, 2011.
* * * * *
(441) * * *
(i) * * *
(C) * * *
(3) Rule 23, ``Exemptions from Permit,'' revised on November 12,
2013.
* * * * *
[FR Doc. 2015-17064 Filed 7-13-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40909

J. Executive Order 12898: Federal enforce its requirements (see section ACTION: Final rule.
Actions To Address Environmental 307(b)(2)).
Justice in Minority Populations and SUMMARY: The Environmental Protection
List of Subjects in 40 CFR Part 52
Low-Income Population Agency (EPA) is taking final action to
Executive Order (E.O.) 12898 (59 FR Environmental protection, Air approve revisions to the Ventura County
7629 (Feb. 16, 1994)) establishes federal pollution control, Incorporation by Air Pollution Control District (VCAPCD)
executive policy on environmental reference, Intergovernmental relations, and Eastern Kern Air Pollution Control
justice. Its main provision directs Ozone, Lead, Reporting and District (EKAPCD) portions of the
federal agencies, to the greatest extent recordkeeping requirements. California State Implementation Plan
practicable and permitted by law, to Dated: June 29, 2015. (SIP). These revisions clarify, update,
make environmental justice part of their Jared Blumenfeld, and revise exemptions from New Source
mission by identifying and addressing, Regional Administrator, Region IX. Review (NSR) permitting requirements,
as appropriate, disproportionately high for various air pollution sources.
Part 52, Chapter I, Title 40 of the Code
and adverse human health or DATES:This rule will be effective on
of Federal Regulations is amended as
environmental effects of their programs, August 13, 2015.
follows:
policies, and activities on minority
populations and low-income ADDRESSES: EPA has established docket
PART 52—APPROVAL AND number EPA–R09–OAR–2015–0082 for
populations in the United States. PROMULGATION OF
EPA lacks the discretionary authority this action. Generally, documents in the
IMPLEMENTATION PLANS docket for this action are available
to address environmental justice in this
rulemaking. ■ 1. The authority citation for Part 52 electronically at http://
continues to read as follows: www.regulations.gov or in hard copy at
K. Congressional Review Act EPA Region IX, 75 Hawthorne Street,
The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. San Francisco, California 94105–3901.
U.S.C. 801 et seq., as added by the Small While all documents in the docket are
Subpart D—Arizona
Business Regulatory Enforcement listed at http://www.regulations.gov,
Fairness Act of 1996, generally provides ■ 2. Section 52.123 is amended by some information may be publicly
that before a rule may take effect, the adding paragraphs (o) and (p) to read as available only at the hard copy location
agency promulgating the rule must follows: (e.g., copyrighted material, large maps,
submit a rule report, which includes a multi-volume reports), and some may
copy of the rule, to each House of the § 52.123 Approval status. not be available in either location (e.g.,
Congress and to the Comptroller General * * * * * confidential business information
of the United States. EPA will submit a (o) 2008 8-hour ozone NAAQS: The (CBI)). To inspect the hard copy
report containing this rule and other SIPs submitted on October 14, 2011 and materials, please schedule an
required information to the U.S. Senate, December 27, 2012 are fully or partially appointment during normal business
the U.S. House of Representatives, and disapproved for Clean Air Act (CAA) hours with the contact listed in the FOR
the Comptroller General of the United elements 110(a)(2)(C), (D)(ii), (J) and (K) FURTHER INFORMATION CONTACT section.
States prior to publication of the rule in for all portions of the Arizona SIP.
FOR FURTHER INFORMATION CONTACT:
the Federal Register. A major rule (p) 2008 Lead (Pb) NAAQS: The SIPs
cannot take effect until 60 days after it submitted on October 14, 2011 and Lawrence Maurin, EPA Region IX, (415)
is published in the Federal Register. December 27, 2012 are fully or partially 972–3943, Maurin.Lawrence@epa.gov.
This action is not a ‘‘major rule’’ as disapproved for Clean Air Act (CAA) SUPPLEMENTARY INFORMATION:
defined by 5 U.S.C. 804(2). This rule elements 110(a)(2)(C), (D)(ii), (J) and (K) Throughout this document, ‘‘we,’’ ‘‘us’’
will be effective August 13, 2015. for all portions of the Arizona SIP. and ‘‘our’’ refer to EPA.
L. Petitions for Judicial Review [FR Doc. 2015–17057 Filed 7–13–15; 8:45 am] Table of Contents
BILLING CODE 6560–50–P
Under section 307(b)(1) of the Clean I. Proposed Action
Air Act, petitions for judicial review of II. Public Comments and EPA Responses
this action must be filed in the United ENVIRONMENTAL PROTECTION III. EPA Action
States Court of Appeals for the IV. Incorporation by Reference
AGENCY V. Statutory and Executive Order Reviews
appropriate circuit by September 14,
2015. Filing a petition for 40 CFR Part 52 I. Proposed Action
reconsideration by the Administrator of
this final rule does not affect the finality [EPA–R09–OAR–2015–0082; FRL–9929–64– On April 14, 2015 (80 FR 19932), EPA
of this rule for the purposes of judicial Region 9] proposed to approve the following rules
review nor does it extend the time into the California SIP. Table 1 lists the
Revisions to the California SIP,
within which a petition for judicial rules addressed by this proposal,
Ventura & Eastern Kern Air Pollution
review may be filed, and shall not including the dates they were revised by
Control Districts; Permit Exemptions
postpone the effectiveness of such rule the local air agency and submitted by
or action. This action may not be AGENCY: Environmental Protection the California Air Resources Board
challenged later in proceedings to Agency (EPA). (CARB).
asabaliauskas on DSK5VPTVN1PROD with RULES

TABLE 1—SUBMITTED RULES
Revision Submittal
Local agency Rule No. Rule title date date

VCAPCD ......................................................... 23 Exemptions from Permit ................................. 11/12/13 05/13/14
EKAPCD ......................................................... 202 Permit Exemptions ......................................... 01/13/11 06/21/11

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40910 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations

We proposed to approve these rules under the Regulatory Flexibility Act (5 reconsideration by the Administrator of
because we determined that they U.S.C. 601 et seq.); this final rule does not affect the finality
complied with the relevant Clean Air • does not contain any unfunded of this action for the purposes of judicial
Act (CAA) requirements. Our proposed mandate or significantly or uniquely review nor does it extend the time
action contains more information on the affect small governments, as described within which a petition for judicial
rules and our evaluation. in the Unfunded Mandates Reform Act review may be filed, and shall not
of 1995 (Public Law 104–4); postpone the effectiveness of such rule
II. Public Comments and EPA • does not have Federalism
Responses or action. This action may not be
implications as specified in Executive
challenged later in proceedings to
EPA’s proposed action provided a 30- Order 13132 (64 FR 43255, August 10,
1999); enforce its requirements (see section
day public comment period. During this
period, we received no comments. • is not an economically significant 307(b)(2)).
regulatory action based on health or List of Subjects in 40 CFR Part 52
III. EPA Action safety risks subject to Executive Order
No comments were submitted. 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
Therefore, as authorized in Section • is not a significant regulatory action pollution control, Intergovernmental
110(k)(3) of the Act, EPA is fully subject to Executive Order 13211 (66 FR relations, Incorporation by reference,
approving these rules into the California 28355, May 22, 2001); Ozone, Particulate matter, Reporting
SIP. • is not subject to requirements of and recordkeeping requirements,
Section 12(d) of the National Volatile organic compounds.
IV. Incorporation by Reference Technology Transfer and Advancement
In this rule, the EPA is finalizing Act of 1995 (15 U.S.C. 272 note) because Dated: June 16, 2015.
regulatory text that includes application of those requirements would Alexis Strauss,
incorporation by reference. In be inconsistent with the Clean Air Act; Acting Regional Administrator, Region IX.
accordance with requirements of 1 CFR and
51.5, the EPA is finalizing the • does not provide EPA with the Part 52—Chapter I, Title 40 of the
incorporation by reference of the discretionary authority to address, as Code of Federal Regulations is amended
Ventura County Air Pollution Control appropriate, disproportionate human as follows:
District and Eastern Kern Air Pollution health or environmental effects, using
Control District rules described in the practicable and legally permissible PART 52—APPROVAL AND
amendments to 40 CFR part 52 set forth methods, under Executive Order 12898 PROMULGATION OF
below. The EPA has made, and will (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS.
continue to make, these documents In addition, the SIP is not approved
available electronically through to apply on any Indian reservation land ■ 1. The authority citation for Part 52
www.regulations.gov and in hard copy or in any other area where EPA or an continues to read as follows:
at the appropriate EPA office (see the Indian tribe has demonstrated that a
Authority: 42 U.S.C. 7401 et seq.
ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of
more information). Indian country, the rule does not have
Subpart F—California
tribal implications and will not impose
V. Statutory and Executive Order substantial direct costs on tribal
Reviews governments or preempt tribal law as ■ 2. Section 52.220 is amended by
Under the Clean Air Act, the specified by Executive Order 13175 (65 adding paragraph (c)(391) (i)(A)(2) and
Administrator is required to approve a FR 67249, November 9, 2000). (c)(441)(i)(C)(3) to read as follows:
SIP submission that complies with the The Congressional Review Act, 5 § 52.220 Identification of plan.
provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small
Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement * * * * *
40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides (c) * * *
submissions, EPA’s role is to approve that before a rule may take effect, the (391) * * *
state choices, provided that they meet agency promulgating the rule must
the criteria of the Clean Air Act. submit a rule report, which includes a (i) * * *
Accordingly, this action merely copy of the rule, to each House of the (A) * * *
approves state law as meeting Federal Congress and to the Comptroller General (2) Rule 202, ‘‘Permit Exemptions,’’
requirements and does not impose of the United States. EPA will submit a amended on January 13, 2011.
additional requirements beyond those report containing this action and other
required information to the U.S. Senate, * * * * *
imposed by state law. For that reason,
this action: the U.S. House of Representatives, and (441) * * *
• Is not a significant regulatory action the Comptroller General of the United (i) * * *
subject to review by the Office of States prior to publication of the rule in
Management and Budget under the Federal Register. A major rule (C) * * *
Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it (3) Rule 23, ‘‘Exemptions from
October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. Permit,’’ revised on November 12, 2013.
asabaliauskas on DSK5VPTVN1PROD with RULES

January 21, 2011); This action is not a ‘‘major rule’’ as * * * * *
• does not impose an information defined by 5 U.S.C. 804(2). [FR Doc. 2015–17064 Filed 7–13–15; 8:45 am]
collection burden under the provisions Under section 307(b)(1) of the Clean BILLING CODE 6560–50–P
of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of
U.S.C. 3501 et seq.); this action must be filed in the United
• is certified as not having a States Court of Appeals for the
significant economic impact on a appropriate circuit by September 14,
substantial number of small entities 2015. Filing a petition for

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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 13, 2015.
Contact		Lawrence Maurin, EPA Region IX, (415) 972-3943, [email protected]
FR Citation		80 FR 40909
CFR Associated		Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds