80_FR_60239 80 FR 60047 - Revision of Air Quality Implementation Plan; California; Feather River Air Quality Management District; Stationary Source Permits

80 FR 60047 - Revision of Air Quality Implementation Plan; California; Feather River Air Quality Management District; Stationary Source Permits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60047-60049
FR Document2015-25141

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns a permitting rule that regulates construction and modification of stationary sources of air pollution. These revisions correct deficiencies in FRAQMD Rule 10.1, New Source Review, previously identified by EPA in a final rule dated September 24, 2013. We are approving revisions that correct the identified deficiencies.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60047-60049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25141]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0542; FRL-9933-52-Region 9]


Revision of Air Quality Implementation Plan; California; Feather 
River Air Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Feather River Air Quality 
Management District (FRAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns a permitting rule 
that regulates construction and modification of stationary sources of 
air pollution. These revisions correct deficiencies in FRAQMD Rule 
10.1, New Source Review, previously identified by EPA in a final rule 
dated September 24, 2013. We are approving revisions that correct the 
identified deficiencies.

DATES: This rule is effective on December 4, 2015 without further 
notice, unless EPA receives adverse comments by November 4, 2015. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0542, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send email directly to EPA, your email address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: EPA has established a docket for this action under EPA-R09-
OAR-2015-0542. 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. While 
all documents 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 publicly available in either location (e.g., 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: Lornette Harvey, EPA Region IX, (415) 
972-3498, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to 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 revision?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
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 we are approving with the date it was 
adopted by the local air agency and submitted to EPA by the California 
Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
          Local agency                 Rule No.           Rule title            Amended            Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD..........................               10.1   New Source Review.           10/06/14            11/06/14
----------------------------------------------------------------------------------------------------------------

    On December 18, 2014, EPA determined that the submittal for FRAQMD 
Rule 10.1 met the completeness criteria in 40 CFR part 51, appendix V, 
including evidence of public adoption of this regulation, which must be 
met before formal EPA review.

[[Page 60048]]

B. Are there other versions of this rule?

    EPA approved a previous version of Rule 10.1, into the SIP on 
September 24, 2013 (78 FR 58460).

C. What is the purpose of the submitted rule revision?

    Section 110(a)(2) of the CAA requires that each SIP include, among 
other things, a preconstruction permit program to provide for 
regulation of the construction and modification of stationary sources 
within the areas covered by the plan as necessary to assure that the 
National Ambient Air Quality Standards (NAAQS) are achieved, including 
a permit program as required in parts C and D of title I of the CAA. 
For areas designated as nonattainment for one or more NAAQS, the SIP 
must include preconstruction permit requirements for new or modified 
major stationary sources of such nonattainment pollutant(s), commonly 
referred to as ``Nonattainment New Source Review'' or ``NNSR.'' CAA 
172(c)(5).
    The jurisdiction of the FRAQMD consists of two counties, Yuba and 
Sutter, and contains two nonattainment areas. See 40 CFR 81.305. The 
first nonattainment area is the ``Sutter Buttes'' area, which consists 
of the area located in the District which is above 2000 feet of 
elevation. This area is designated nonattainment for the 2008 ozone 
NAAQS.
    The second nonattainment area is the south ``Sutter'' area, which 
is part of the Sacramento Metro Nonattainment Area. This area is also 
designated nonattainment for the 2008 ozone NAAQS.
    Since the District adopted the latest revisions to Rule 10.1, the 
``Yuba City-Marysville'' area, which consists of all of Sutter County 
and a portion of Yuba County, has been redesignated as attainment for 
the 2006 PM2.5 NAAQS. See 79 FR 72981 (December 9, 2014).
    Because of the nonattainment areas located in the FRAQMD, the 
District is required under part D of title I of the Act to adopt and 
implement a SIP-approved NNSR program for the nonattainment portions of 
Yuba and Sutter Counties that applies, at a minimum, to new or modified 
major stationary sources of the following pollutants: Volatile organic 
compounds (VOCs), and nitrogen oxides (NOX).\1\
---------------------------------------------------------------------------

    \1\ VOCs and NOX are subject to NNSR as ozone precursors. See 40 
CFR 51.165(a)(1)(xxxvii)(C).
---------------------------------------------------------------------------

    Rule 10.1, New Source Review, implements the NNSR requirements 
under part D of title I of the CAA for new or modified major stationary 
sources of nonattainment pollutants. FRAQMD amended and submitted Rule 
10.1 to correct minor program deficiencies identified by EPA on 
September 24, 2013 (78 FR 58460).

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    EPA has reviewed the submitted permitting rule for compliance with 
the CAA's general requirements for SIPs in CAA section 110(a)(2), EPA's 
regulations for nonattainment stationary source permit programs in 40 
CFR 51.165, and the CAA requirements for SIP revisions in CAA section 
110(l).

B. Does the rule meet the evaluation criteria?

    Our September 24, 2013 action identified two deficiencies in Rule 
10.1. First, Sections B.4 and B.5 contained language that was too broad 
because it exempted certain pollutants from all the requirements in 
Section E, if EPA redesignated the area from nonattainment to 
attainment, instead of only exempting those pollutants from the 
requirements for major sources. Second, the definition of ``NSR 
Regulated Pollutant'' did not specify that the term included gaseous 
emissions which condense to form either PM10 or 
PM2.5, respectively.
    The first deficiency was corrected by narrowing the language 
contained in Sections B.4 and B.5 to only exempt a source from the 
requirements of Sections E.1.b, E.2.a.2, E.5, E.7 and E.8, which apply 
to major sources emitting nonattainment pollutants, if EPA re-
designates any of the nonattainment portions of the District to 
attainment for PM2.5 or ozone.
    The second deficiency was corrected by adding a second sentence to 
both Sections D.34 and D.35, which reads as follows: ``Gaseous 
emissions which condense to form particulate matter at ambient 
temperatures shall be included.'' Adding this sentence to each section 
clarifies that condensable gases emissions, which condense to form 
either PM10 or PM2.5, must be counted as 
PM10 or PM2.5, respectively.
    With respect to procedures, CAA sections 110(a) and 110(l) require 
that revisions to a SIP be adopted by the State after reasonable notice 
and public hearing. EPA has promulgated specific procedural 
requirements for SIP revisions in 40 CFR part 51, subpart F. These 
requirements include publication of notices, by prominent advertisement 
in the relevant geographic area, a public comment period of at least 30 
days, and an opportunity for a public hearing.
    Based on our review of the public process documentation included in 
CARB's November 6, 2014 submittal, we find that the State has provided 
sufficient evidence of public notice and opportunity for comment and 
public hearing prior to adoption and submittal of this rule to EPA.
    With respect to substantive requirements, EPA has reviewed the 
submitted rule in accordance with the CAA and regulatory requirements 
that apply to NNSR permit programs under part D of title I of the Act. 
Based on our evaluation of this rule, as summarized in the Public 
Comment and Final Action section of this notice, we find that the rule 
meets the CAA and regulatory requirements for NNSR permit programs in 
part D of title I of the Act and EPA's NNSR implementing regulations in 
40 CFR 51.165 for new or modified major stationary sources proposing to 
locate within the District. Final approval of Rule 10.1 would correct 
all deficiencies in FRAQMD's permit program identified in our September 
24, 2013 final rule. 78 FR 58460.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rule. If we 
receive adverse comments by November 4, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on December 4, 2015. This will incorporate the 
rule into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. 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 incorporating by reference the FRAQMD Rule 10.1, as 
discussed in section I.A of this preamble. The EPA has made, and will

[[Page 60049]]

continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

IV. 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 December 4, 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: August 21, 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 paragraph (c)(457)(i)(A)(4) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (A) * * *
    (4) Rule 10.1, ``New Source Review,'' amended on October 6, 2014.
* * * * *

[FR Doc. 2015-25141 Filed 10-2-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations                                                        60047

                                                                                                   EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
                                                                                                Applicable geo-             State submitted
                                                      Name of nonregulatory                                                                              EPA approval
                                                                                                graphic or non-              date/effective                                                    Explanation
                                                         SIP provision                                                                                      date
                                                                                                attainment area                   date


                                                         *                     *                                   *                            *                       *                   *                      *
                                                110(a)(1) and (2) Infrastructure               Georgia ...............         3/6/2012                     10/5/15         With the exception of provisions pertaining to
                                                  Requirements for the 2008                                                                                                  PSD permitting requirements in sections
                                                  Lead National Ambient Air                                                                                                  110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
                                                  Quality Standards.                                                                                                         110(a)(2)(J) only.



                                                [FR Doc. 2015–24860 Filed 10–2–15; 8:45 am]                      ADDRESSES:    Submit comments,                              docket for this action are available
                                                BILLING CODE 6560–50–P                                           identified by docket number EPA–R09–                        electronically at http://
                                                                                                                 OAR–2015–0542, by one of the                                www.regulations.gov or in hard copy at
                                                                                                                 following methods:                                          EPA Region IX, 75 Hawthorne Street,
                                                ENVIRONMENTAL PROTECTION                                            1. Federal eRulemaking Portal:                           San Francisco, California. While all
                                                AGENCY                                                           http://www.regulations.gov. Follow the                      documents are listed at http://
                                                                                                                 on-line instructions.                                       www.regulations.gov, some information
                                                40 CFR Part 52                                                      2. Email: R9airpermits@epa.gov.                          may be publicly available only at the
                                                                                                                    3. Mail or deliver: Gerardo Rios (Air-                   hard copy location (e.g., copyrighted
                                                [EPA–R09–OAR–2015–0542; FRL–9933–52–
                                                Region 9]                                                        3), U.S. Environmental Protection                           material, large maps, multi-volume
                                                                                                                 Agency Region IX, 75 Hawthorne Street,                      reports), and some may not be publicly
                                                Revision of Air Quality Implementation                           San Francisco, CA 94105–3901.                               available in either location (e.g., CBI).
                                                Plan; California; Feather River Air                                 Instructions: All comments will be                       To inspect the hard copy materials,
                                                Quality Management District;                                     included in the public docket without                       please schedule an appointment during
                                                Stationary Source Permits                                        change and may be made available                            normal business hours with the contact
                                                                                                                 online at http://www.regulations.gov,                       listed in the FOR FURTHER INFORMATION
                                                AGENCY: Environmental Protection                                 including any personal information                          CONTACT section.
                                                Agency (EPA).                                                    provided, unless the comment includes
                                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                ACTION: Direct final rule.                                       Confidential Business Information (CBI)
                                                                                                                                                                             Lornette Harvey, EPA Region IX, (415)
                                                                                                                 or other information whose disclosure is
                                                SUMMARY:   The Environmental Protection                                                                                      972–3498, harvey.lornette@epa.gov.
                                                                                                                 restricted by statute. Information that
                                                Agency (EPA) is taking direct final                              you consider CBI or otherwise protected                     SUPPLEMENTARY INFORMATION:
                                                action to approve a revision to the                              should be clearly identified as such and                    Throughout this document, ‘‘we,’’ ‘‘us’’
                                                Feather River Air Quality Management                             should not be submitted through                             and ‘‘our’’ refer to EPA.
                                                District (FRAQMD) portion of the                                 http://www.regulations.gov or email.                        Table of Contents
                                                California State Implementation Plan                             http://www.regulations.gov is an
                                                (SIP). This revision concerns a                                  ‘‘anonymous access’’ system, and EPA                        I. The State’s Submittal
                                                permitting rule that regulates                                                                                                  A. What rule did the State submit?
                                                                                                                 will not know your identity or contact                         B. Are there other versions of this rule?
                                                construction and modification of                                 information unless you provide it in the                       C. What is the purpose of the submitted
                                                stationary sources of air pollution.                             body of your comment. If you send                                 rule revision?
                                                These revisions correct deficiencies in                          email directly to EPA, your email                           II. EPA’s Evaluation and Action
                                                FRAQMD Rule 10.1, New Source                                     address will be automatically captured                         A. How is EPA evaluating the rule?
                                                Review, previously identified by EPA in                          and included as part of the public                             B. Does the rule meet the evaluation
                                                a final rule dated September 24, 2013.                           comment. If EPA cannot read your                                  criteria?
                                                We are approving revisions that correct                          comment due to technical difficulties                          C. Public Comment and Final Action
                                                the identified deficiencies.                                     and cannot contact you for clarification,                   III. Incorporation by Reference
                                                                                                                                                                             IV. Statutory and Executive Order Reviews
                                                DATES: This rule is effective on                                 EPA may not be able to consider your
                                                December 4, 2015 without further                                 comment. Electronic files should avoid                      I. The State’s Submittal
                                                notice, unless EPA receives adverse                              the use of special characters, any form
                                                comments by November 4, 2015. If we                                                                                          A. What rule did the State submit?
                                                                                                                 of encryption, and be free of any defects
                                                receive such comments, we will publish                           or viruses.                                                   Table 1 lists the rule we are approving
                                                a timely withdrawal in the Federal                                  Docket: EPA has established a docket                     with the date it was adopted by the local
                                                Register to notify the public that this                          for this action under EPA–R09–OAR–                          air agency and submitted to EPA by the
                                                direct final rule will not take effect.                          2015–0542. Generally, documents in the                      California Air Resources Board (CARB).
                                                                                                                           TABLE 1—SUBMITTED RULE
                                                                   Local agency                                  Rule No.                                 Rule title                     Amended             Submitted
mstockstill on DSK4VPTVN1PROD with RULES




                                                FRAQMD ..................................................          10.1              New Source Review ...........................       10/06/14             11/06/14



                                                  On December 18, 2014, EPA                                      completeness criteria in 40 CFR part 51,                    which must be met before formal EPA
                                                determined that the submittal for                                appendix V, including evidence of                           review.
                                                FRAQMD Rule 10.1 met the                                         public adoption of this regulation,



                                           VerDate Sep<11>2014      16:55 Oct 02, 2015      Jkt 238001      PO 00000     Frm 00021   Fmt 4700       Sfmt 4700   E:\FR\FM\05OCR1.SGM   05OCR1


                                                60048             Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations

                                                B. Are there other versions of this rule?               FRAQMD amended and submitted Rule                     CARB’s November 6, 2014 submittal, we
                                                  EPA approved a previous version of                    10.1 to correct minor program                         find that the State has provided
                                                Rule 10.1, into the SIP on September 24,                deficiencies identified by EPA on                     sufficient evidence of public notice and
                                                2013 (78 FR 58460).                                     September 24, 2013 (78 FR 58460).                     opportunity for comment and public
                                                                                                                                                              hearing prior to adoption and submittal
                                                C. What is the purpose of the submitted                 II. EPA’s Evaluation and Action                       of this rule to EPA.
                                                rule revision?                                          A. How is EPA evaluating the rule?                       With respect to substantive
                                                   Section 110(a)(2) of the CAA requires                                                                      requirements, EPA has reviewed the
                                                                                                          EPA has reviewed the submitted
                                                that each SIP include, among other                                                                            submitted rule in accordance with the
                                                                                                        permitting rule for compliance with the
                                                things, a preconstruction permit                                                                              CAA and regulatory requirements that
                                                                                                        CAA’s general requirements for SIPs in                apply to NNSR permit programs under
                                                program to provide for regulation of the                CAA section 110(a)(2), EPA’s
                                                construction and modification of                                                                              part D of title I of the Act. Based on our
                                                                                                        regulations for nonattainment stationary              evaluation of this rule, as summarized
                                                stationary sources within the areas                     source permit programs in 40 CFR
                                                covered by the plan as necessary to                                                                           in the Public Comment and Final Action
                                                                                                        51.165, and the CAA requirements for                  section of this notice, we find that the
                                                assure that the National Ambient Air                    SIP revisions in CAA section 110(l).
                                                Quality Standards (NAAQS) are                                                                                 rule meets the CAA and regulatory
                                                achieved, including a permit program as                 B. Does the rule meet the evaluation                  requirements for NNSR permit programs
                                                required in parts C and D of title I of the             criteria?                                             in part D of title I of the Act and EPA’s
                                                CAA. For areas designated as                                                                                  NNSR implementing regulations in 40
                                                                                                           Our September 24, 2013 action
                                                nonattainment for one or more NAAQS,                                                                          CFR 51.165 for new or modified major
                                                                                                        identified two deficiencies in Rule 10.1.
                                                the SIP must include preconstruction                                                                          stationary sources proposing to locate
                                                                                                        First, Sections B.4 and B.5 contained
                                                permit requirements for new or                                                                                within the District. Final approval of
                                                                                                        language that was too broad because it                Rule 10.1 would correct all deficiencies
                                                modified major stationary sources of                    exempted certain pollutants from all the
                                                such nonattainment pollutant(s),                                                                              in FRAQMD’s permit program identified
                                                                                                        requirements in Section E, if EPA                     in our September 24, 2013 final rule. 78
                                                commonly referred to as                                 redesignated the area from
                                                ‘‘Nonattainment New Source Review’’                                                                           FR 58460.
                                                                                                        nonattainment to attainment, instead of
                                                or ‘‘NNSR.’’ CAA 172(c)(5).                             only exempting those pollutants from                  C. Public Comment and Final Action
                                                   The jurisdiction of the FRAQMD                       the requirements for major sources.
                                                consists of two counties, Yuba and                                                                              As authorized in section 110(k)(3) of
                                                                                                        Second, the definition of ‘‘NSR                       the Act, EPA is fully approving the
                                                Sutter, and contains two nonattainment
                                                                                                        Regulated Pollutant’’ did not specify                 submitted rule because we believe it
                                                areas. See 40 CFR 81.305. The first
                                                                                                        that the term included gaseous                        fulfills all relevant requirements. We do
                                                nonattainment area is the ‘‘Sutter
                                                                                                        emissions which condense to form                      not think anyone will object to this
                                                Buttes’’ area, which consists of the area
                                                                                                        either PM10 or PM2.5, respectively.                   approval, so we are finalizing it without
                                                located in the District which is above
                                                                                                           The first deficiency was corrected by              proposing it in advance. However, in
                                                2000 feet of elevation. This area is
                                                                                                        narrowing the language contained in                   the Proposed Rules section of this
                                                designated nonattainment for the 2008
                                                                                                        Sections B.4 and B.5 to only exempt a                 Federal Register, we are simultaneously
                                                ozone NAAQS.
                                                   The second nonattainment area is the                 source from the requirements of                       proposing approval of the same
                                                south ‘‘Sutter’’ area, which is part of the             Sections E.1.b, E.2.a.2, E.5, E.7 and E.8,            submitted rule. If we receive adverse
                                                Sacramento Metro Nonattainment Area.                    which apply to major sources emitting                 comments by November 4, 2015, we
                                                This area is also designated                            nonattainment pollutants, if EPA re-                  will publish a timely withdrawal in the
                                                nonattainment for the 2008 ozone                        designates any of the nonattainment                   Federal Register to notify the public
                                                NAAQS.                                                  portions of the District to attainment for            that the direct final approval will not
                                                   Since the District adopted the latest                PM2.5 or ozone.                                       take effect and we will address the
                                                revisions to Rule 10.1, the ‘‘Yuba City-                   The second deficiency was corrected                comments in a subsequent final action
                                                Marysville’’ area, which consists of all                by adding a second sentence to both                   based on the proposal. If we do not
                                                of Sutter County and a portion of Yuba                  Sections D.34 and D.35, which reads as                receive timely adverse comments, the
                                                County, has been redesignated as                        follows: ‘‘Gaseous emissions which                    direct final approval will be effective
                                                attainment for the 2006 PM2.5 NAAQS.                    condense to form particulate matter at                without further notice on December 4,
                                                See 79 FR 72981 (December 9, 2014).                     ambient temperatures shall be                         2015. This will incorporate the rule into
                                                   Because of the nonattainment areas                   included.’’ Adding this sentence to each              the federally enforceable SIP.
                                                located in the FRAQMD, the District is                  section clarifies that condensable gases                Please note that if EPA receives
                                                required under part D of title I of the Act             emissions, which condense to form                     adverse comment on an amendment,
                                                to adopt and implement a SIP-approved                   either PM10 or PM2.5, must be counted                 paragraph, or section of this rule and if
                                                NNSR program for the nonattainment                      as PM10 or PM2.5, respectively.                       that provision may be severed from the
                                                portions of Yuba and Sutter Counties                       With respect to procedures, CAA                    remainder of the rule, EPA may adopt
                                                that applies, at a minimum, to new or                   sections 110(a) and 110(l) require that               as final those provisions of the rule that
                                                modified major stationary sources of the                revisions to a SIP be adopted by the                  are not the subject of an adverse
                                                following pollutants: Volatile organic                  State after reasonable notice and public              comment.
                                                compounds (VOCs), and nitrogen oxides                   hearing. EPA has promulgated specific
                                                                                                        procedural requirements for SIP                       III. Incorporation by Reference
                                                (NOX).1
                                                   Rule 10.1, New Source Review,                        revisions in 40 CFR part 51, subpart F.                  In this rule, the EPA is finalizing
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                                                implements the NNSR requirements                        These requirements include publication                regulatory text that includes
                                                under part D of title I of the CAA for                  of notices, by prominent advertisement                incorporation by reference. In
                                                new or modified major stationary                        in the relevant geographic area, a public             accordance with requirements of 1 CFR
                                                sources of nonattainment pollutants.                    comment period of at least 30 days, and               51.5, the EPA is incorporating by
                                                                                                        an opportunity for a public hearing.                  reference the FRAQMD Rule 10.1, as
                                                  1 VOCs and NOX are subject to NNSR as ozone              Based on our review of the public                  discussed in section I.A of this
                                                precursors. See 40 CFR 51.165(a)(1)(xxxvii)(C).         process documentation included in                     preamble. The EPA has made, and will


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                                                                  Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations                                               60049

                                                continue to make, these documents                          In addition, the SIP is not approved               PART 52—APPROVAL AND
                                                generally available electronically                      to apply on any Indian reservation land               PROMULGATION OF
                                                through www.regulations.gov and/or in                   or in any other area where EPA or an                  IMPLEMENTATION PLANS
                                                hard copy at the appropriate EPA office                 Indian tribe has demonstrated that a
                                                (see the ADDRESSES section of this                      tribe has jurisdiction. In those areas of             ■ 1. The authority citation for Part 52
                                                preamble for more information).                         Indian country, the rule does not have                continues to read as follows:
                                                IV. Statutory and Executive Order                       tribal implications and will not impose                   Authority: 42 U.S.C. 7401 et seq.
                                                Reviews                                                 substantial direct costs on tribal
                                                                                                        governments or preempt tribal law as                  Subpart F—California
                                                   Under the Clean Air Act, the                         specified by Executive Order 13175 (65
                                                Administrator is required to approve a                                                                        ■ 2. Section 52.220 is amended by
                                                                                                        FR 67249, November 9, 2000).                          adding paragraph (c)(457)(i)(A)(4) to
                                                SIP submission that complies with the
                                                provisions of the Act and applicable                       The Congressional Review Act, 5                    read as follows:
                                                Federal regulations. 42 U.S.C. 7410(k);                 U.S.C. 801 et seq., as added by the Small
                                                                                                        Business Regulatory Enforcement                       § 52.220    Identification of plan.
                                                40 CFR 52.02(a). Thus, in reviewing SIP
                                                submissions, EPA’s role is to approve                   Fairness Act of 1996, generally provides              *     *    *      *   *
                                                state choices, provided that they meet                  that before a rule may take effect, the                 (c) * * *
                                                the criteria of the Clean Air Act.                      agency promulgating the rule must                       (457) * * *
                                                                                                        submit a rule report, which includes a                  (i) * * *
                                                Accordingly, this action merely
                                                                                                                                                                (A) * * *
                                                approves state law as meeting Federal                   copy of the rule, to each House of the                  (4) Rule 10.1, ‘‘New Source Review,’’
                                                requirements and does not impose                        Congress and to the Comptroller General               amended on October 6, 2014.
                                                additional requirements beyond those                    of the United States. EPA will submit a
                                                imposed by state law. For that reason,                                                                        *     *    *      *   *
                                                                                                        report containing this action and other
                                                this action:                                            required information to the U.S. Senate,              [FR Doc. 2015–25141 Filed 10–2–15; 8:45 am]
                                                   • Is not a significant regulatory action             the U.S. House of Representatives, and                BILLING CODE 6560–50–P
                                                subject to review by the Office of                      the Comptroller General of the United
                                                Management and Budget under                             States prior to publication of the rule in
                                                Executive Orders 12866 (58 FR 51735,                                                                          ENVIRONMENTAL PROTECTION
                                                                                                        the Federal Register. A major rule
                                                October 4, 1993) and 13563 (76 FR 3821,                                                                       AGENCY
                                                                                                        cannot take effect until 60 days after it
                                                January 21, 2011);                                      is published in the Federal Register.
                                                   • does not impose an information                                                                           40 CFR Parts 52 and 81
                                                                                                        This action is not a ‘‘major rule’’ as
                                                collection burden under the provisions                                                                        [EPA–R09–OAR–2015–0279; FRL–9935–05–
                                                                                                        defined by 5 U.S.C. 804(2).
                                                of the Paperwork Reduction Act (44                                                                            Region 9]
                                                U.S.C. 3501 et seq.);                                      Under section 307(b)(1) of the Clean
                                                   • is certified as not having a                       Air Act, petitions for judicial review of             Air Plan Approval; California;
                                                significant economic impact on a                        this action must be filed in the United               Mammoth Lakes; Redesignation; PM10
                                                substantial number of small entities                    States Court of Appeals for the                       Maintenance Plan
                                                under the Regulatory Flexibility Act (5                 appropriate circuit by December 4,
                                                                                                                                                              AGENCY:  Environmental Protection
                                                U.S.C. 601 et seq.);                                    2015. Filing a petition for                           Agency (EPA).
                                                   • does not contain any unfunded                      reconsideration by the Administrator of
                                                mandate or significantly or uniquely                                                                          ACTION: Final rule.
                                                                                                        this final rule does not affect the finality
                                                affect small governments, as described                  of this action for the purposes of judicial           SUMMARY:    The Environmental Protection
                                                in the Unfunded Mandates Reform Act                     review nor does it extend the time                    Agency (EPA) is taking final action to
                                                of 1995 (Pub. L. 104–4);                                within which a petition for judicial                  approve, as a revision to the California
                                                   • does not have Federalism                           review may be filed, and shall not                    State Implementation Plan (SIP),
                                                implications as specified in Executive                  postpone the effectiveness of such rule               California’s request to redesignate the
                                                Order 13132 (64 FR 43255, August 10,                    or action. This action may not be                     Mammoth Lakes nonattainment area to
                                                1999);                                                  challenged later in proceedings to                    attainment for the 1987 National
                                                   • is not an economically significant
                                                                                                        enforce its requirements (see section                 Ambient Air Quality Standard (NAAQS)
                                                regulatory action based on health or
                                                                                                        307(b)(2)).                                           for particulate matter of ten microns or
                                                safety risks subject to Executive Order
                                                                                                                                                              less (PM10). Also, EPA is taking final
                                                13045 (62 FR 19885, April 23, 1997);                    List of Subjects in 40 CFR Part 52
                                                   • is not a significant regulatory action                                                                   action to approve the PM10 maintenance
                                                subject to Executive Order 13211 (66 FR                   Environmental protection, Air                       plan for the Mammoth Lakes area and
                                                28355, May 22, 2001);                                   pollution control, Incorporation by                   the associated motor vehicle emissions
                                                   • is not subject to requirements of                  reference, Intergovernmental relations,               budgets for use in transportation
                                                Section 12(d) of the National                           Nitrogen dioxide, Ozone, Particulate                  conformity determinations. Lastly, EPA
                                                Technology Transfer and Advancement                                                                           is finalizing our approval of the 2012
                                                                                                        matter, Reporting and recordkeeping
                                                Act of 1995 (15 U.S.C. 272 note) because                                                                      attainment year emissions inventory.
                                                                                                        requirements, Volatile organic
                                                application of those requirements would                                                                       We are taking these final actions
                                                                                                        compounds.
                                                be inconsistent with the Clean Air Act;                                                                       because the SIP revision meets the
                                                                                                          Authority: 42 U.S.C. 7401 et seq.                   requirements of the Clean Air Act and
                                                and
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                                                   • does not provide EPA with the                        Dated: August 21, 2015.                             EPA guidance for maintenance plans
                                                discretionary authority to address, as                                                                        and motor vehicle emissions budgets.
                                                                                                        Jared Blumenfeld,
                                                appropriate, disproportionate human                                                                           DATES: This rule will be effective on
                                                                                                        Regional Administrator, Region IX.
                                                health or environmental effects, using                                                                        November 4, 2015.
                                                practicable and legally permissible                       Part 52, Chapter I, Title 40 of the Code            ADDRESSES: EPA has established docket
                                                methods, under Executive Order 12898                    of Federal Regulations is amended as                  number EPA–R09–OAR–2015–0279 for
                                                (59 FR 7629, February 16, 1994).                        follows:                                              this action. Generally, documents in the


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Document Created: 2015-12-15 08:52:47
Document Modified: 2015-12-15 08:52:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 4, 2015 without further notice, unless EPA receives adverse comments by November 4, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactLornette Harvey, EPA Region IX, (415) 972-3498, [email protected]
FR Citation80 FR 60047 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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