80 FR 69876 - Approval of California Air Plan Revisions, Imperial County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 218 (November 12, 2015)
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69876-69880 | |
| FR Document | 2015-28756 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Rules and Regulations] [Pages 69876-69880] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28756] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0289; FRL-9936-65-Region 9] Approval of California Air Plan Revisions, Imperial County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). This revision concerns the District's reasonably available control technology (RACT) requirements under the 1997 8-hour National Ambient Air Quality Standards (NAAQS) for ozone. This submitted SIP revision also contains ICAPCD's negative declarations for certain volatile organic compound (VOC) source categories. We are approving this document under the Clean Air Act (CAA or the Act). DATES: This rule is effective on December 14, 2015. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0289 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: James Shears, EPA Region IX, (213) 244-1810, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On September 1, 2015 (80 FR 52710), the EPA proposed to approve the following document into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Document Adopted Submitted ---------------------------------------------------------------------------------------------------------------- ICAPCD.................................... Final 2009 Reasonably Available 07/13/10 12/21/10 Control Technology State Implementation Plan (``2009 RACT SIP''). ---------------------------------------------------------------------------------------------------------------- ICAPCD's submittal also included the following negative declarations which the District certified that it had no sources subject to the control techniques guidelines (CTG) documents. [[Page 69877]] ------------------------------------------------------------------------ CTG Source category CTG Reference document ------------------------------------------------------------------------ Aerospace.............................. EPA-453/R-97-004, Aerospace CTG and MACT. Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of Surface Coating of. Volatile Organic Emissions from Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA-453/R-08-006, Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings. Cans and Coils, Surface Coating of..... EPA-450/2-77-008, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Fiberglass Boat Manufacturing.......... EPA-453/R-08-004, Controls Techniques Guidelines for Fiberglass Boat Manufacturing. Flat Wood Paneling, Surface Coating of. EPA-450/2-78-032, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA-453/R-06-004, Control Techniques Guidelines for Flat Wood Paneling Coatings. Flexible Packing Printing.............. EPA-453/R-06-003, Control Techniques Guidelines for Flexible Package Printing. Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of Flexography. Volatile Organic Emissions from Existing Stationary Sources, Volume III: Graphic Arts--Rotogravure and Flexography. Large Appliances, Surface Coating of... EPA-450/2-77-034, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume V: Surface Coating of Large Appliances. EPA-453/R-07-004, Control Techniques Guidelines for Large Appliance Coatings. Large Petroleum Dry Cleaners........... EPA-450/3-82-009, Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. Offset Lithographic Printing and EPA-453/R-06-002, Control Letterpress Printing. Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of Insulation of. Volatile Organic Emissions from Existing Stationary Sources--Volume IV: Surface Coating of Insulation of Magnet Wire. Metal Furniture Coatings............... EPA-450/2-77-032, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume III: Surface Coating of Metal Furniture. EPA-453/R-07-005, Control Techniques Guidelines for Metal Furniture Coatings. Miscellaneous Metal and Plastic Parts EPA-453/R-08-003, Control Coatings. Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. Miscellaneous Metal Parts and Products, EPA-450/2-78-015, Control of Surface Coating of. Volatile Organic Emissions from Existing Stationary Sources--Volume IV: Surface Coating of Miscellaneous Metal Parts and Products. Miscellaneous Industrial Adhesives..... EPA-453/R-08-005, Control Techniques Guidelines for Miscellaneous Industrial Adhesives. Natural Gas/Gasoline Processing Plants EPA-450/2-83-007, Control of Equipment Leaks. Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. Paper, Film and Foil Coatings.......... EPA-453R-07-003, Control Techniques Guidelines for Paper, Film and Foil Coatings. Petroleum Refineries................... EPA-450/2-77-025, Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA-450/2-78-036, Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Pharmaceutical Products................ EPA-450/2-78-029, Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. Pneumatic Rubber Tires, Manufacture of. EPA-450/2-78-030, Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. Polyester Resin........................ EPA-450/3-83-008, Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Shipbuilding/Repair.................... EPA-453/R-94-032, Shipbuilding/ Repair. Synthetic Organic Chemical............. EPA-450/3-84-015, Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA-450/4-91-031, Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. Wood Furniture......................... EPA-453/R-96-007, Wood Furniture. ------------------------------------------------------------------------ [[Page 69878]] We proposed to approve ICAPCD's 2009 RACT SIP and negative declarations because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the submitted document and our evaluation. 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, the EPA is fully approving this document, including the negative declarations, into the California SIP. 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, the EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 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, this approved action does not 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 rules do not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 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 January 11, 2016. 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 19, 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 reserved paragraph (c)(463) and adding paragraph (c)(464) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (463) [Reserved] (464) The following plan was submitted on December 21, 2010 by the Governor's designee. (i) [Reserved] (ii) Additional Material. (A) Imperial County Air Pollution Control District. (1) Final 2009 Reasonably Available Control Technology State Implementation Plan (``2009 RACT SIP'') as adopted on July 13, 2010. 0 3. Section 52.222 is amended by adding paragraph (a)(12) to read as follows: Sec. 52.222 Negative declarations. (a) * * * (12) Imperial County Air Pollution Control District. (i) ------------------------------------------------------------------------ Negative declaration CTG CTG Source category reference document ------------------------------------------------------------------------ Aerospace.............................. EPA-453/R-97-004, Aerospace CTG and MACT. [[Page 69879]] Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of Surface Coating of. Volatile Organic Emissions from Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA-453/R-08-006, Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings. Cans and Coils, Surface Coating of..... EPA-450/2-77-008, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Fiberglass Boat Manufacturing.......... EPA-453/R-08-004, Controls Techniques Guidelines for Fiberglass Boat Manufacturing. Flat Wood Paneling, Surface Coating of. EPA-450/2-78-032, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA-453/R-06-004, Control Techniques Guidelines for Flat Wood Paneling Coatings. Flexible Packing Printing.............. EPA-453/R-06-003, Control Techniques Guidelines for Flexible Package Printing. Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of Flexography. Volatile Organic Emissions from Existing Stationary Sources, Volume III: Graphic Arts--Rotogravure and Flexography. Large Appliances, Surface Coating of... EPA-450/2-77-034, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume V: Surface Coating of Large Appliances. EPA-453/R-07-004, Control Techniques Guidelines for Large Appliance Coatings. Large Petroleum Dry Cleaners........... EPA-450/3-82-009, Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. Offset Lithographic Printing and EPA-453/R-06-002, Control Letterpress Printing. Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of Insulation of. Volatile Organic Emissions from Existing Stationary Sources--Volume IV: Surface Coating of Insulation of Magnet Wire. Metal Furniture Coatings............... EPA-450/2-77-032, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume III: Surface Coating of Metal Furniture. EPA-453/R-07-005, Control Techniques Guidelines for Metal Furniture Coatings. Miscellaneous Metal and Plastic Parts EPA-453/R-08-003, Control Coatings. Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. Miscellaneous Metal Parts and Products, EPA-450/2-78-015, Control of Surface Coating of. Volatile Organic Emissions from Existing Stationary Sources--Volume IV: Surface Coating of Miscellaneous Metal Parts and Products. Miscellaneous Industrial Adhesives..... EPA-453/R-08-005, Control Techniques Guidelines for Miscellaneous Industrial Adhesives. Natural Gas/Gasoline Processing Plants EPA-450/2-83-007, Control of Equipment Leaks. Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. Paper, Film and Foil Coatings.......... EPA-453R-07-003, Control Techniques Guidelines for Paper, Film and Foil Coatings. Petroleum Refineries................... EPA-450/2-77-025, Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA-450/2-78-036, Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Pharmaceutical Products................ EPA-450/2-78-029, Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. Pneumatic Rubber Tires, Manufacture of. EPA-450/2-78-030, Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. Polyester Resin........................ EPA-450/3-83-008, Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Shipbuilding/Repair.................... EPA-453/R-94-032, Shipbuilding/ Repair. Synthetic Organic Chemical............. EPA-450/3-84-015, Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA-450/4-91-031, Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. Wood Furniture......................... EPA-453/R-96-007, Wood Furniture. ------------------------------------------------------------------------ [[Page 69880]] (ii) Submitted on December 21, 2010 and adopted on July 13, 2010. * * * * * [FR Doc. 2015-28756 Filed 11-10-15; 8:45 am] BILLING CODE 6560-50-P
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List of Subjects in 40 CFR Part 52 Dated: October 29, 2015. Subpart GG—New Mexico
Ron Curry,
Environmental protection, Air Regional Administrator, Region 6. ■ 2. In § 52.1620(c) the second table
pollution control, Carbon monoxide, 40 CFR part 52 is amended as follows: titled ‘‘EPA Approved Albuquerque/
Incorporation by reference,
Bernalillo County, NM Regulations’’ is
Intergovernmental relations, Lead, PART 52—APPROVAL AND
amended by revising the entry for ‘‘Part
Nitrogen dioxide, Ozone, Particulate PROMULGATION OF
60 (20.11.60)’’ to read as follows:
matter, Reporting and recordkeeping IMPLEMENTATION PLANS
requirements, Sulfur oxides, Volatile § 52.1620 Identification of plan.
organic compounds. ■ 1. The authority citation for part 52
continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. (c) * * *
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State
approval/
State citation Title/subject EPA approval date Explanation
effective
date
New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
Board
* * * * * * *
Part 60 (20.11.60) ............ Permitting in Nonattain- 4/10/2013 11/12/2015 [Insert Federal Register citation].
ment Areas.
* * * * * * *
* * * * * reasonably available control technology multi-volume reports), and some may
[FR Doc. 2015–28648 Filed 11–10–15; 8:45 am] (RACT) requirements under the 1997 8- not be available in either location (e.g.,
BILLING CODE 6560–50–P hour National Ambient Air Quality confidential business information
Standards (NAAQS) for ozone. This (CBI)). To inspect the hard copy
submitted SIP revision also contains materials, please schedule an
ENVIRONMENTAL PROTECTION ICAPCD’s negative declarations for appointment during normal business
AGENCY certain volatile organic compound hours with the contact listed in the FOR
(VOC) source categories. We are FURTHER INFORMATION CONTACT section.
40 CFR Part 52 approving this document under the FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2015–0289; FRL–9936–65– Clean Air Act (CAA or the Act). James Shears, EPA Region IX, (213)
Region 9] 244–1810, shears.james@epa.gov.
This rule is effective on
DATES:
Approval of California Air Plan December 14, 2015. SUPPLEMENTARY INFORMATION:
Revisions, Imperial County Air Throughout this document, ‘‘we,’’ ‘‘us’’
ADDRESSES: The EPA has established
Pollution Control District and ‘‘our’’ refer to the EPA.
docket number EPA–R09–OAR–2015–
AGENCY: Environmental Protection 0289 for this action. Generally, Table of Contents
Agency (EPA). documents in the docket for this action I. Proposed Action
ACTION: Final rule. are available electronically at http:// II. Public Comments and EPA Responses
www.regulations.gov or in hard copy at III. EPA Action
SUMMARY: The Environmental Protection EPA Region IX, 75 Hawthorne Street, IV. Statutory and Executive Order Reviews
Agency (EPA) is taking final action to San Francisco, California 94105–3901.
approve a revision to the Imperial While all documents in the docket are I. Proposed Action
County Air Pollution Control District listed at http://www.regulations.gov, On September 1, 2015 (80 FR 52710),
(ICAPCD) portion of the California State some information may be publicly the EPA proposed to approve the
Implementation Plan (SIP). This available only at the hard copy location following document into the California
revision concerns the District’s (e.g., copyrighted material, large maps, SIP.
Local agency Document Adopted Submitted
ICAPCD ........................................... Final 2009 Reasonably Available Control Technology State Implemen- 07/13/10 12/21/10
tation Plan (‘‘2009 RACT SIP’’).
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ICAPCD’s submittal also included the sources subject to the control techniques
following negative declarations which guidelines (CTG) documents.
the District certified that it had no
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We proposed to approve ICAPCD’s Order 13132 (64 FR 43255, August 10, the purposes of judicial review nor does
2009 RACT SIP and negative 1999); it extend the time within which a
declarations because we determined • Is not an economically significant petition for judicial review may be filed,
that they complied with the relevant regulatory action based on health or and shall not postpone the effectiveness
CAA requirements. Our proposed action safety risks subject to Executive Order of such rule or action. This action may
contains more information on the 13045 (62 FR 19885, April 23, 1997); not be challenged later in proceedings to
submitted document and our • Is not a significant regulatory action enforce its requirements (see section
evaluation. subject to Executive Order 13211 (66 FR 307(b)(2)).
28355, May 22, 2001);
II. Public Comments and EPA • Is not subject to requirements of List of Subjects in 40 CFR Part 52
Responses Section 12(d) of the National Environmental protection, Air
The EPA’s proposed action provided Technology Transfer and Advancement pollution control, Incorporation by
a 30-day public comment period. During Act of 1995 (15 U.S.C. 272 note) because reference, Intergovernmental relations,
this period, we received no comments. application of those requirements would Nitrogen dioxide, Ozone, Reporting and
be inconsistent with the Clean Air Act; recordkeeping requirements, Volatile
III. EPA Action and organic compounds.
No comments were submitted. • Does not provide EPA with the
discretionary authority to address, as Dated: October 19, 2015.
Therefore, as authorized in section Jared Blumenfeld,
110(k)(3) of the Act, the EPA is fully appropriate, disproportionate human
health or environmental effects using Regional Administrator, Region IX.
approving this document, including the
negative declarations, into the California practicable, and legally permissible Part 52, Chapter I, Title 40 of the Code
SIP. methods, under Executive Order 12898 of Federal Regulations is amended as
(59 FR 7629, February 16, 1994). follows:
IV. Statutory and Executive Order In addition, this approved action does
Reviews not apply on any Indian reservation PART 52—APPROVAL AND
land or in any other area where EPA or PROMULGATION OF
Under the Clean Air Act, the
an Indian tribe has demonstrated that a IMPLEMENTATION PLANS
Administrator is required to approve a
tribe has jurisdiction. In those areas of
SIP submission that complies with the
Indian country, the rules do not have ■ 1. The authority citation for Part 52
provisions of the Act and applicable
tribal implications and will not impose continues to read as follows:
Federal regulations. 42 U.S.C. 7410(k);
substantial direct costs on tribal Authority: 42 U.S.C. 7401 et seq.
40 CFR 52.02(a). Thus, in reviewing SIP
governments or preempt tribal law as
submissions, the EPA’s role is to
specified by Executive Order 13175 (65 Subpart F—California
approve State choices, provided that
FR 67249, November 9, 2000).
they meet the criteria of the Clean Air The Congressional Review Act, 5 ■ 2. Section 52.220 is amended by
Act. Accordingly, this action merely U.S.C. 801 et seq., as added by the Small adding reserved paragraph (c)(463) and
approves State law as meeting Federal Business Regulatory Enforcement adding paragraph (c)(464) to read as
requirements and does not impose Fairness Act of 1996, generally provides follows:
additional requirements beyond those that before a rule may take effect, the
imposed by State law. For that reason, agency promulgating the rule must § 52.220 Identification of plan.
this action: submit a rule report, which includes a * * * * *
• Is not a ‘‘significant regulatory copy of the rule, to each House of the (c) * * *
action’’ subject to review by the Office Congress and to the Comptroller General (463) [Reserved]
of Management and Budget under of the United States. The EPA will (464) The following plan was
Executive Order 12866 (58 FR 51735, submit a report containing this action submitted on December 21, 2010 by the
October 4, 1993) and 13563 (76 FR 3821, and other required information to the Governor’s designee.
January 21, 2011); U.S. Senate, the U.S. House of (i) [Reserved]
• Does not impose an information Representatives, and the Comptroller (ii) Additional Material.
collection burden under the provisions General of the United States prior to (A) Imperial County Air Pollution
of the Paperwork Reduction Act (44 publication of the rule in the Federal Control District.
U.S.C. 3501 et seq.); Register. A major rule cannot take effect (1) Final 2009 Reasonably Available
• Is certified as not having a until 60 days after it is published in the Control Technology State
significant economic impact on a Federal Register. This action is not a Implementation Plan (‘‘2009 RACT
substantial number of small entities ‘‘major rule’’ as defined by 5 U.S.C. SIP’’) as adopted on July 13, 2010.
under the Regulatory Flexibility Act (5 804(2). ■ 3. Section 52.222 is amended by
U.S.C. 601 et seq.); Under section 307(b)(1) of the Clean adding paragraph (a)(12) to read as
• Does not contain any unfunded Air Act, petitions for judicial review of follows:
mandate or significantly or uniquely this action must be filed in the United
affect small governments, as described States Court of Appeals for the § 52.222 Negative declarations.
in the Unfunded Mandates Reform Act appropriate circuit by January 11, 2016. (a) * * *
of 1995 (Pub. L. 104–4); Filing a petition for reconsideration by (12) Imperial County Air Pollution
• Does not have Federalism the Administrator of this final rule does Control District.
mstockstill on DSK4VPTVN1PROD with RULES
implications as specified in Executive not affect the finality of this action for (i)
CTG Source category Negative declaration CTG reference document
Aerospace ................................................................................................. EPA–453/R–97–004, Aerospace CTG and MACT.
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(ii) Submitted on December 21, 2010 0257 for this action. Generally, permitting authority within these
and adopted on July 13, 2010. documents in the docket for this action Districts under a Federal
* * * * * are available electronically at Implementation Plan (FIP). Approval of
[FR Doc. 2015–28756 Filed 11–10–15; 8:45 am] www.regulations.gov and in hard copy the Districts’ PSD rules into the SIP will
BILLING CODE 6560–50–P at EPA Region IX, 75 Hawthorne Street, transfer PSD permitting authority from
San Francisco, California. Some docket the EPA to the Districts. The EPA will
materials, however, may be publicly then assume the role of overseeing the
ENVIRONMENTAL PROTECTION available only at the hard copy location Districts’ PSD permitting programs, as
AGENCY (e.g., voluminous records, maps, intended by the CAA.
copyrighted material), and some may For a more detailed discussion of the
40 CFR Part 52 not be publicly available in either District’s rules, please refer to our
location (e.g., confidential business proposed approval. See 80 FR 44001
[EPA–R09–OAR–2015–0257; FRL–9934–89–
Region 9]
information (CBI)). To inspect the hard (July 24, 2015).
copy materials, please schedule an
Approval of Air Plans; California; appointment during normal business II. The EPA’s Evaluation of the SIP
Multiple Districts; Prevention of hours with the contact listed in the FOR Revision
Significant Deterioration FURTHER INFORMATION CONTACT section. A. Summary of the EPA's Proposed
FOR FURTHER INFORMATION CONTACT: Lisa Action
AGENCY: Environmental Protection Beckham, EPA Region IX, (415) 972–
Agency (EPA). 3811, beckham.lisa@epa.gov. On July 24, 2015 (80 FR 44001), the
ACTION: Final rule. SUPPLEMENTARY INFORMATION: EPA proposed approval of the Districts’
Throughout this document, ‘‘we’’, ‘‘us’’, PSD rules into the California SIP. We
SUMMARY: The Environmental Protection and ‘‘our’’ refer to the EPA. proposed to approve these rules because
Agency (EPA) is taking final action we determined that they satisfied the
under section 110 of the Clean Air Act Table of Contents applicable CAA requirements. Our
(CAA or Act) to approve a State I. Background proposed rule and related Technical
Implementation Plan (SIP) revision for II. The EPA’s Evaluation of the SIP Revision Support document (TSD) contain more
five California air districts. The State of A. Summary of the EPA’s Proposed Action information about the basis for this
California (State) is required by the CAA B. Public Comments and the EPA’s rulemaking and our evaluation of the
to adopt and implement a SIP-approved Responses pertinent State SIP revision submittals.
Prevention of Significant Deterioration C. What action is the EPA finalizing?
III. The EPA’s Final Action B. Public Comments and the EPA's
(PSD) permit program. This SIP revision IV. Incorporation by Reference
incorporates PSD rules for five local Responses
V. Statutory and Executive Order Reviews
California air districts into the EPA’s proposed approval action for
California SIP to establish a PSD permit I. Background this SIP revision provided a 30-day
program for pre-construction review of public comment period. We did not
Section 110(a) of the CAA requires
certain new and modified major receive any comments on our proposed
states to adopt and submit regulations
stationary sources in attainment and action.
for the implementation, maintenance
unclassifiable areas located within these
and enforcement of the primary and C. What action is the EPA finalizing?
districts. The local air districts with PSD
secondary NAAQS. Specifically,
rules that are the subject of this action The EPA is finalizing a SIP revision
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
are the Feather River Air Quality for each District’s portion of the
and 110(a)(2)(J) of the Act require such
Management District (Feather River or California SIP, consistent with our
state plans to meet the applicable
FRAQMD), Great Basin Unified Air requirements of section 165 relating to proposed approval action. The SIP
Pollution Control District (Great Basin a pre-construction permit program for revision will be codified in 40 CFR
or GBUAPCD), Butte County Air Quality the prevention of significant 52.220 by incorporating by reference the
Management District (Butte or deterioration of air quality and visibility rules listed in Table 1. On June 1, 2015,
BCAQMD), Santa Barbara County Air protection. The rules reviewed for this the California Air Resources Board
Pollution Control District (Santa Barbara action are intended to implement a pre- (CARB) requested the withdrawal from
or SBAPCD), and San Luis Obispo construction PSD permit program as its earlier SIP submittals of the portion
County Air Pollution Control District required by section 165 of the CAA for of each District PSD rule that
(San Luis Obispo or SLOAPCD)— certain new and modified major incorporates by reference a particular
collectively, the Districts. stationary sources located in attainment federal PSD rule provision—40 CFR
DATES: This rule is effective on and unclassifiable areas. Because the 52.21(b)(49)(v). As such, our approval of
December 14, 2015. State does not currently have a SIP- these local District rules does not
ADDRESSES: The EPA has established approved PSD program within the include the rules’ incorporation by
docket number EPA–R09–OAR–2015– Districts, the EPA is currently the PSD reference of 40 CFR 52.21(b)(49)(v).
TABLE 1—SUBMITTED RULES
Local Rule No. Rule title Adopted Submitted
agency
mstockstill on DSK4VPTVN1PROD with RULES
FRAQMD ....... 10.10 Prevention of Significant Deterioration ................................................................ 8/1/2011 4/22/2013
GBUAPCD .... 221 Prevention of Significant Deterioration (PSD) Permit Requirements for New 9/5/2012 2/6/2013
Major Facilities or Major Modifications in Attainment or Unclassifiable Areas.
BCAQMD ...... 1107 Prevention of Significant Deterioration (PSD) Permits ........................................ 6/28/2012 2/6/2013
SBAPCD ....... 810 Federal Prevention of Significant Deterioration (PSD) ........................................ 6/20/2013 2/10/2014
VerDate Sep<11>2014 17:30 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1](https://thefederalregister.org/doc/80_FR_70094/page/5.svg)
Document Created: 2015-12-14 14:53:25
Document Modified: 2015-12-14 14:53:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on December 14, 2015. | |
| Contact | James Shears, EPA Region IX, (213) 244-1810, [email protected] | |
| FR Citation | 80 FR 69876 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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