81 FR 55402 - Approval and Limited Approval and Limited Disapproval of California State Implementation Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 161 (August 19, 2016)
Federal Register Volume 81, Issue 161 (August 19, 2016)
| Page Range | 55402-55405 | |
| FR Document | 2016-19766 |
[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)] [Proposed Rules] [Pages 55402-55405] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19766] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0322; FRL-9950-95-Region 9] Approval and Limited Approval and Limited Disapproval of California State Implementation Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are proposing action on these local rules under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by September 19, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R09- OAR-2016-0332] at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not [[Page 55403]] consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 972-3534, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents Definitions I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Proposed Action and Public Comment III. Incorporation by Reference IV. Statutory and Executive Order Reviews Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The word or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The initials CARB mean or refer to the California Air Resources Board. (iii) The initials CFR mean or refer to Code of Federal Regulations. (iv) The initials or words EPA, we, us or our mean or refer to the United States Environmental Protection Agency. (v) The initials FR mean or refer to Federal Register. (vi) The word or initials BCAQMD or District mean or refer to the Butte County Air Quality Management District. (vii) The initials NAAQS mean or refer to National Ambient Air Quality Standards. (viii) The initials NSR mean or refer to New Source Review. (ix) The initials PM10 mean or refer to particulate matter with an aerodynamic diameter of less than or equal to 10 micrometers (coarse particulate matter). (x) The initials PM2.5 mean or refer to particulate matter with an aerodynamic diameter of less than or equal to 2.5 micrometers (fine particulate matter). (xi) The initials SIP mean or refer to State Implementation Plan. (xii) The initials TSD mean or refer to the technical support document for this action. I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal, including the dates they were adopted by BCAQMD and submitted by CARB, which is the governor's designee for California SIP submittals. Table 1--Submitted Rules ------------------------------------------------------------------------ Rule No. Rule title Adopted date Submitted date ------------------------------------------------------------------------ 400................... Permit 04/24/14 11/06/14 Requirements. 401................... Permit 04/24/14 11/06/14 Exemptions. 432................... Federal New 04/24/14 11/06/14 Source Review. ------------------------------------------------------------------------ On December 18, 2014, EPA determined that the submittal of these rules met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? There is no previous version of Rule 432 in the SIP; EPA approved previous versions of the rules to be replaced by Rules 400 and 401 into the SIP as indicated in Table 2. Table 2--SIP Approved Rules ---------------------------------------------------------------------------------------------------------------- SIP approval Rule No. Rule title date Federal Register Citation ---------------------------------------------------------------------------------------------------------------- 4-4.............................. Exemptions from Permit 05/31/72 37 FR 10856 Requirement. 401.............................. General Requirements........ 02/03/87 52 FR 3226 402.............................. Authority to Construct...... 02/03/87 52 FR 3226 403.............................. Permit to Operate........... 5/2/01 66 FR 21875 405.............................. Permit Conditions........... 05/31/72 37 FR 10856 406.............................. Emission Calculations....... 02/03/87 52 FR 3226 407.............................. Anniversary Date............ 02/03/87 52 FR 3226 420.............................. Standards for Granting 02/03/87 52 FR 3226 Applications. 421.............................. Conditional Approval........ 02/03/87 52 FR 3226 424.............................. State Implementation Plan... 5/2/01 66 FR 21875 ---------------------------------------------------------------------------------------------------------------- EPA's approval of Rule 401 would have the effect of entirely superseding our prior approval of Rule 4-4 in the SIP. Likewise, approval of Rules 400 and 432 will have the effect of entirely superseding our prior SIP approval of Rules 401, 402, 403, 405, 406, 407, 420, 421 and 424. C. What is the purpose of the submitted rules? Section 110(a) of the CAA requires states to submit regulations that include a pre-construction permit program for certain new or modified stationary sources of pollutants, including a permit program as required by Part D of Title I of the CAA. The purpose of District Rule 400 (Permit Requirements), Rule 401 (Permit Exemptions) and Rule 432 (Federal New Source Review) is to implement a federal preconstruction permit program for all new and modified minor sources, [[Page 55404]] and new and modified major sources of NAAQS pollutants for which the area is designated nonattainment. BCAQMD is currently designated as a nonattainment area for the 2008 8-hr ozone and 2006 24-hr PM2.5 NAAQS. We present our evaluation under the CAA and EPA's regulations of the amended NSR rules submitted by CARB, as identified in Table 1, and provide our reasoning in general terms below and in more detail in our TSD, which is available in the docket for this proposed rulemaking. II. EPA's Evaluation and Action A. How is EPA evaluating the rules? The submitted rules must meet the CAA's general requirements for SIPs and SIP revisions in CAA sections 110(a)(2), 110(l), and 193, as well as the applicable requirements contained in part D of title I of the Act (sections 172, 173, 182(a) and 189(e)) for a nonattainment NSR permit program. In addition, the submitted rules must contain the applicable regulatory provisions required by 40 CFR 51.160-51.165 and 40 CFR 51.307. Among other things, section 110 of the Act requires that SIP rules be enforceable and provides that EPA may not approve a SIP revision if it would interfere with any applicable requirements concerning attainment and reasonable further progress or any other requirement of the CAA. In addition, section 110(a)(2) and section 110(l) of the Act require that each SIP or revision to a SIP submitted by a State must be adopted after reasonable notice and public hearing. Section 110(a)(2)(C) of the Act requires each SIP to include a permit program to regulate the modification and construction of any stationary source within the areas covered by the SIP as necessary to assure attainment and maintenance of the NAAQS. EPA's regulations at 40 CFR 51.160-51.164 provide general programmatic requirements to implement this statutory mandate commonly referred to as the ``minor NSR'' or ``general NSR'' permit program. These NSR program regulations impose requirements for SIP approval of State and local programs that are more general in nature as compared to the specific statutory and regulatory requirements for nonattainment NSR permitting programs under Part D of title I of the Act. Part D of title I of the Act contains the general requirements for areas designated nonattainment for a NAAQS (section 172), including preconstruction permit requirements for new major sources and major modifications proposing to construct in nonattainment areas (section 173). Part D of title I of the Act also includes section 182(a), which contains the additional requirements for areas designated as a marginal ozone nonattainment area, and section 189(e), which requires the control of major stationary source of PM10 precursors (and hence PM2.5 precursors) ``except where the Administrator determines that such sources do not contribute significantly to PM10 [and PM2.5 ] levels which exceed the standard in the area.'' Additionally, 40 CFR 51.165 sets forth EPA's regulatory requirements for SIP-approval of a nonattainment NSR permit program and 40 CFR 51.165(a)(13) contains specific requirements for regulating sources emitting PM2.5 . The protection of visibility requirements that apply to NSR programs are contained in 40 CFR 51.307. This provision requires that certain actions be taken in consultation with the local Federal Land Manager if a new major source or major modification may have an impact on visibility in any mandatory Class I Federal Area. Section 110(l) of the Act prohibits EPA from approving any SIP revisions that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. Section 193 of the Act, which only applies in nonattainment areas, prohibits the modification of a SIP-approved control requirement in effect before November 15, 1990, in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant. Our TSD, which can be found in the docket for this rule, contains a more detailed discussion of the approval criteria. B. Do the rules meet the evaluation criteria? EPA has reviewed the submitted rules in accordance with the rule evaluation criteria described above. With respect to procedures, based on our review of the public process documentation included in the November 6, 2014 submittal, we are proposing to approve the submitted rules in part because we have determined that BCAQMD has provided sufficient evidence of public notice and opportunity for comment and public hearings prior to adoption and submittal of these rules, in accordance with the requirements of CAA sections 110(a)(2) and 110(l). With respect to substantive requirements, we have reviewed the submitted rules in accordance with the evaluation criteria discussed above. We are proposing to approve Rules 400 and 401 as part of BCAQMD's general NSR permitting program because we have determined that these rules satisfy the substantive statutory and regulatory requirements for a general NSR permit program as contained in CAA section 110(a)(2)(C) and 40 CFR 51.160-51.164. In addition, we are proposing a limited approval of Rule 432 because we have determined that Rule 432 satisfies all of the statutory and regulatory requirements for a nonattainment NSR permit program as set forth in the applicable provisions of part D of title I of the Act (sections 172, 173 and 182(a)) and in 40 CFR 51.165 and 40 CFR 51.307. We are also proposing a limited disapproval of Rule 432 because we have determined that the rule does not fully satisfy CAA section 189(e) requirements for regulation of PM2.5 precursors. The rule does not specify ammonia as a PM2.5 precursor and the demonstration provided by Butte County as part of their NSR program submittal is not adequate to allow the Administrator to determine whether potential new major sources and major modifications of ammonia emissions will not contribute significantly to PM2.5 levels that exceed the standard in the area. Our TSD for this action contains additional information regarding our proposed limited disapproval. EPA is also proposing to find that it is acceptable for BCAQMD to not incorporate the NSR Reform provisions of 40 CFR 51.165 into its NSR permit program because BCAQMD's permitting program will not be any less stringent than the federal permitting program. In addition, EPA is proposing to find that Rules 400, 401 and 432 meet the statutory requirements for SIP revisions as specified in sections 110(l) and 193 of the CAA. Please see our TSD for more information regarding our evaluation of Rules 400, 401 and 432. C. Proposed Action and Public Comment As authorized by CAA section 110(k)(3) and 301(a), we are proposing approval of Rule 400 (Permit Requirements) and Rule 401 (Permit Exemptions), and we are proposing limited approval and limited disapproval of Rule 432 (Federal New Source Review) into the BCAQMD portion of the California SIP. If finalized, this action will incorporate the submitted rules into the SIP, including those provisions identified as [[Page 55405]] deficient.\1\ The approval of Rule 432 is limited because EPA is simultaneously proposing a limited disapproval of Rule 432 under section 110(k)(3). If this limited disapproval is finalized, it will trigger sanctions under CAA section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP revisions that correct the rule deficiencies within 18 months of the effective date of the final action. --------------------------------------------------------------------------- \1\ If this proposed rule is finalized, Butte County Rules 400, 401 and 432, will supersede the existing SIP approved rules listed in Table 2. --------------------------------------------------------------------------- Note that Rule 432 has been adopted by the BCAQMD, and the EPA's final limited disapproval would not prevent the local agency from enforcing it. The limited disapproval also would not prevent any portion of the rule from being incorporated by reference into the federally enforceable SIP as discussed in a July 9, 1992 EPA memo found at: http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf. We will accept comments from the public on the proposed limited approval and limited disapproval for the next 30 days. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to finalize the incorporation by reference the BCAQMD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available electronically through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, New Source Review, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 9, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016-19766 Filed 8-18-16; 8:45 am] BILLING CODE 6560-50-P
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part 243 (FRB) and 12 CFR part 381 a direct party or an affiliate credit U.S. Federal banking agency, as
(FDIC); enhancement to which a covered entity applicable.
(3) Whether, and the extent to which, is the obligor. * * * * *
the set of conditions or the mechanism
§ 47.8 Foreign Bank Multi-branch Master Dated: August 10, 2016.
in which they are applied facilitates, on
Agreements. Thomas J. Curry,
an industry-wide basis, contractual
modifications to remove impediments to (a) Treatment of foreign bank multi- Comptroller of the Currency.
resolution and increase market branch master agreements. With respect [FR Doc. 2016–19671 Filed 8–18–16; 8:45 am]
certainty, transparency, and equitable to a Federal branch or agency of a BILLING CODE 4810–33–P
treatment with respect to the default globally significant foreign banking
rights of non-defaulting parties to a organization, a foreign bank multi-
covered QFC; branch master agreement that is a ENVIRONMENTAL PROTECTION
(4) Whether, and the extent to which, covered QFC solely because the master AGENCY
the proposal applies to existing and agreement permits agreements or
future transactions; transactions that are QFCs to be entered 40 CFR Part 52
(5) Whether, and the extent to which, into at one or more Federal branches or [EPA–R09–OAR–2016–0322; FRL–9950–95–
the proposal would apply to multiple agencies of the globally significant Region 9]
forms of QFCs or multiple covered foreign banking organization will be
banks; considered a covered QFC for purposes Approval and Limited Approval and
(6) Whether the proposal would of this subpart only with respect to such Limited Disapproval of California State
permit a party to a covered QFC that is agreements or transactions booked at Implementation Plan Revisions; Butte
within the scope of the proposal to such Federal branches or agencies or for County Air Quality Management
adhere to the proposal with respect to which a payment or delivery may be District; Stationary Source Permits
only one or a subset of covered banks; made at such Federal branches or
agencies. AGENCY: Environmental Protection
(7) With respect to a supported party,
(b) Definition of foreign bank multi- Agency (EPA).
the degree of assurance the proposal
provides to the supported party that the branch master agreements. A foreign ACTION: Proposed rule.
material payment and delivery bank multi-branch master agreement SUMMARY: The Environmental Protection
obligations of the covered affiliate credit means a master agreement that permits Agency (EPA) is proposing a limited
enhancement and the covered direct a Federal branch or agency and another approval and limited disapproval of
QFC it supports will continue to be place of business of a foreign bank that revisions to the Butte County Air
performed after the covered affiliate is outside the United States to enter Quality Management District
support provider enters a receivership, transactions under the agreement. (BCAQMD) portion of the California
insolvency, liquidation, resolution, or State Implementation Plan (SIP). These
similar proceeding; PART 50—LIQUIDITY RISK
MEASUREMENT STANDARDS revisions concern the District’s New
(8) The presence, nature, and extent of Source Review (NSR) permitting
any provisions that require a covered ■ 5. The authority citation for part 50 program for new and modified sources
affiliate support provider or transferee continues to read as follows: of air pollution. We are proposing action
to meet conditions other than material on these local rules under the Clean Air
Authority: 12 U.S.C. 1 et seq., 93a, 481,
payment or delivery obligations to its Act as amended in 1990 (CAA or the
1818, and 1462 et seq.
creditors; Act). We are taking comments on this
(9) The extent to which the supported ■ 6. Section 50.3 is amended by revising
proposal and plan to follow with a final
party’s overall credit risk to the direct the definition of ‘‘qualifying master
action.
party may increase if the enhanced netting agreement’’ by:
■ i. Removing the word ‘‘or’’ at the end DATES: Any comments must arrive by
creditor protection conditions are not
of paragraph (2)(i); September 19, 2016.
met and the likelihood that the
■ ii. Removing the ’’;’’ at the end of ADDRESSES: Submit your comments,
supported party’s credit risk to the
direct party would decrease or remain paragraph (2)(ii) and adding in its place identified by Docket ID No. [EPA–R09–
the same if the enhanced creditor ‘‘; or’’; and OAR–2016–0332] at http://
protection conditions are met; and ■ iii. Adding a new paragraph (2)(iii). www.regulations.gov, or via email to
(10) Whether the proposal provides The revisions are set forth below: R9AirPermits@epa.gov. For comments
the counterparty with additional default submitted at Regulations.gov, follow the
§ 50.3 Definitions.
rights or other rights. online instructions for submitting
* * * * * comments. Once submitted, comments
§ 47.7 Exclusion of Certain QFCs. Qualifying master netting agreement cannot be removed or edited from
(a) Exclusion of CCP-cleared QFCs. A means a written, legally enforceable Regulations.gov. For either manner of
covered bank is not required to conform agreement provided that: submission, the EPA may publish any
a covered QFC to which a CCP is a party * * * * * comment received to its public docket.
to the requirements of sections 47.4 and (2) * * * Do not submit electronically any
47.5. * * * * * information you consider to be
(b) Exclusion of covered entity QFCs. (iii) Where the right to accelerate, Confidential Business Information (CBI)
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A covered bank is not required to terminate, and close-out on a net basis or other information whose disclosure is
conform a covered QFC to the all transactions under the agreement restricted by statute. Multimedia
requirements of sections 47.4 and 47.5 and to liquidate or set-off collateral submissions (audio, video, etc.) must be
to the extent that a covered entity is promptly upon an event of default of the accompanied by a written comment.
required to conform the covered QFC to counterparty is limited only to the The written comment is considered the
similar requirements of the Federal extent necessary to comply with the official comment and should include
Reserve Board if the QFC is either a requirements of part 47 of this title 12 discussion of all points you wish to
direct QFC to which a covered entity is or any similar requirements of another make. The EPA will generally not
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and new and modified major sources of proposing to construct in nonattainment are proposing to approve Rules 400 and
NAAQS pollutants for which the area is areas (section 173). Part D of title I of the 401 as part of BCAQMD’s general NSR
designated nonattainment. BCAQMD is Act also includes section 182(a), which permitting program because we have
currently designated as a nonattainment contains the additional requirements for determined that these rules satisfy the
area for the 2008 8-hr ozone and 2006 areas designated as a marginal ozone substantive statutory and regulatory
24-hr PM2.5 NAAQS. We present our nonattainment area, and section 189(e), requirements for a general NSR permit
evaluation under the CAA and EPA’s which requires the control of major program as contained in CAA section
regulations of the amended NSR rules stationary source of PM10 precursors 110(a)(2)(C) and 40 CFR 51.160–51.164.
submitted by CARB, as identified in (and hence PM2.5 precursors) ‘‘except
In addition, we are proposing a
Table 1, and provide our reasoning in where the Administrator determines
limited approval of Rule 432 because we
general terms below and in more detail that such sources do not contribute
have determined that Rule 432 satisfies
in our TSD, which is available in the significantly to PM10 [and PM2.5] levels
all of the statutory and regulatory
docket for this proposed rulemaking. which exceed the standard in the area.’’
Additionally, 40 CFR 51.165 sets forth requirements for a nonattainment NSR
II. EPA’s Evaluation and Action EPA’s regulatory requirements for SIP- permit program as set forth in the
approval of a nonattainment NSR permit applicable provisions of part D of title
A. How is EPA evaluating the rules?
program and 40 CFR 51.165(a)(13) I of the Act (sections 172, 173 and
The submitted rules must meet the 182(a)) and in 40 CFR 51.165 and 40
contains specific requirements for
CAA’s general requirements for SIPs CFR 51.307.
regulating sources emitting PM2.5.
and SIP revisions in CAA sections The protection of visibility We are also proposing a limited
110(a)(2), 110(l), and 193, as well as the requirements that apply to NSR disapproval of Rule 432 because we
applicable requirements contained in programs are contained in 40 CFR have determined that the rule does not
part D of title I of the Act (sections 172, 51.307. This provision requires that fully satisfy CAA section 189(e)
173, 182(a) and 189(e)) for a certain actions be taken in consultation requirements for regulation of PM2.5
nonattainment NSR permit program. In with the local Federal Land Manager if precursors. The rule does not specify
addition, the submitted rules must a new major source or major ammonia as a PM2.5 precursor and the
contain the applicable regulatory modification may have an impact on demonstration provided by Butte
provisions required by 40 CFR 51.160– visibility in any mandatory Class I County as part of their NSR program
51.165 and 40 CFR 51.307. Federal Area.
Among other things, section 110 of submittal is not adequate to allow the
Section 110(l) of the Act prohibits Administrator to determine whether
the Act requires that SIP rules be EPA from approving any SIP revisions
enforceable and provides that EPA may potential new major sources and major
that would interfere with any applicable modifications of ammonia emissions
not approve a SIP revision if it would requirement concerning attainment and
interfere with any applicable will not contribute significantly to PM2.5
reasonable further progress (RFP) or any levels that exceed the standard in the
requirements concerning attainment and other applicable requirement of the
reasonable further progress or any other area. Our TSD for this action contains
CAA. Section 193 of the Act, which additional information regarding our
requirement of the CAA. In addition, only applies in nonattainment areas,
section 110(a)(2) and section 110(l) of proposed limited disapproval.
prohibits the modification of a SIP-
the Act require that each SIP or revision approved control requirement in effect EPA is also proposing to find that it
to a SIP submitted by a State must be before November 15, 1990, in any is acceptable for BCAQMD to not
adopted after reasonable notice and manner unless the modification insures incorporate the NSR Reform provisions
public hearing. equivalent or greater emission of 40 CFR 51.165 into its NSR permit
Section 110(a)(2)(C) of the Act reductions of such air pollutant. program because BCAQMD’s permitting
requires each SIP to include a permit Our TSD, which can be found in the program will not be any less stringent
program to regulate the modification docket for this rule, contains a more than the federal permitting program. In
and construction of any stationary detailed discussion of the approval addition, EPA is proposing to find that
source within the areas covered by the criteria. Rules 400, 401 and 432 meet the
SIP as necessary to assure attainment statutory requirements for SIP revisions
and maintenance of the NAAQS. EPA’s B. Do the rules meet the evaluation as specified in sections 110(l) and 193
regulations at 40 CFR 51.160–51.164 criteria? of the CAA.
provide general programmatic EPA has reviewed the submitted rules Please see our TSD for more
requirements to implement this in accordance with the rule evaluation information regarding our evaluation of
statutory mandate commonly referred to criteria described above. With respect to Rules 400, 401 and 432.
as the ‘‘minor NSR’’ or ‘‘general NSR’’ procedures, based on our review of the
permit program. These NSR program public process documentation included C. Proposed Action and Public
regulations impose requirements for SIP in the November 6, 2014 submittal, we Comment
approval of State and local programs are proposing to approve the submitted
that are more general in nature as rules in part because we have As authorized by CAA section
compared to the specific statutory and determined that BCAQMD has provided 110(k)(3) and 301(a), we are proposing
regulatory requirements for sufficient evidence of public notice and approval of Rule 400 (Permit
nonattainment NSR permitting opportunity for comment and public Requirements) and Rule 401 (Permit
jstallworth on DSK7TPTVN1PROD with PROPOSALS
programs under Part D of title I of the hearings prior to adoption and submittal Exemptions), and we are proposing
Act. of these rules, in accordance with the limited approval and limited
Part D of title I of the Act contains the requirements of CAA sections 110(a)(2) disapproval of Rule 432 (Federal New
general requirements for areas and 110(l). Source Review) into the BCAQMD
designated nonattainment for a NAAQS With respect to substantive portion of the California SIP. If
(section 172), including preconstruction requirements, we have reviewed the finalized, this action will incorporate
permit requirements for new major submitted rules in accordance with the the submitted rules into the SIP,
sources and major modifications evaluation criteria discussed above. We including those provisions identified as
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deficient.1 The approval of Rule 432 is impose additional requirements beyond H. Executive Order 13211: Actions That
limited because EPA is simultaneously those imposed by state law. Significantly Affect Energy Supply,
proposing a limited disapproval of Rule Distribution, or Use
C. Regulatory Flexibility Act (RFA)
432 under section 110(k)(3). If this This action is not subject to Executive
limited disapproval is finalized, it will I certify that this action will not have Order 13211, because it is not a
trigger sanctions under CAA section 179 a significant economic impact on a significant regulatory action under
and 40 CFR 52.31 unless the EPA substantial number of small entities Executive Order 12866.
approves subsequent SIP revisions that under the RFA. This action will not
correct the rule deficiencies within 18 impose any requirements on small I. National Technology Transfer and
months of the effective date of the final entities beyond those imposed by state Advancement Act (NTTAA)
action. law. Section 12(d) of the NTTAA directs
Note that Rule 432 has been adopted the EPA to use voluntary consensus
by the BCAQMD, and the EPA’s final D. Unfunded Mandates Reform Act standards in its regulatory activities
limited disapproval would not prevent (UMRA) unless to do so would be inconsistent
the local agency from enforcing it. The with applicable law or otherwise
This action does not contain any
limited disapproval also would not impractical. The EPA believes that this
unfunded mandate as described in
prevent any portion of the rule from action is not subject to the requirements
UMRA, 2 U.S.C. 1531–1538, and does
being incorporated by reference into the of section 12(d) of the NTTAA because
not significantly or uniquely affect small
federally enforceable SIP as discussed in application of those requirements would
governments. This action does not
a July 9, 1992 EPA memo found at: be inconsistent with the CAA.
impose additional requirements beyond
http://www.epa.gov/nsr/ttnnsr01/gen/
those imposed by state law. J. Executive Order 12898: Federal
pdf/memo-s.pdf.
Accordingly, no additional costs to Actions To Address Environmental
We will accept comments from the
State, local, or tribal governments, or to Justice in Minority Populations and
public on the proposed limited approval
the private sector, will result from this Low-Income Population
and limited disapproval for the next 30
action.
days. The EPA lacks the discretionary
E. Executive Order 13132: Federalism authority to address environmental
III. Incorporation by Reference
justice in this rulemaking.
In this rule, the EPA is proposing to This action does not have federalism
include in a final EPA rule regulatory implications. It will not have substantial List of Subjects in 40 CFR Part 52
text that includes incorporation by direct effects on the states, on the Environmental protection, Air
reference. In accordance with relationship between the national pollution control, Incorporation by
requirements of 1 CFR 51.5, the EPA is government and the states, or on the reference, Intergovernmental relations,
proposing to finalize the incorporation distribution of power and New Source Review, Ozone, Particulate
by reference the BCAQMD rules responsibilities among the various matter, Reporting and recordkeeping
described in Table 1 of this preamble. levels of government. requirements, Volatile organic
The EPA has made, and will continue compounds.
F. Executive Order 13175: Coordination
to make, these materials available With Indian Tribal Governments Authority: 42 U.S.C. 7401 et seq.
electronically through
Dated: August 9, 2016.
www.regulations.gov and at the EPA This action does not have tribal
Alexis Strauss,
Region IX Office (please contact the implications, as specified in Executive
person identified in the FOR FURTHER Order 13175, because the SIP is not Acting Regional Administrator, Region IX.
INFORMATION CONTACT section of this approved to apply on any Indian [FR Doc. 2016–19766 Filed 8–18–16; 8:45 am]
preamble for more information). reservation land or in any other area BILLING CODE 6560–50–P
IV. Statutory and Executive Order where the EPA or an Indian tribe has
Reviews demonstrated that a tribe has
jurisdiction, and will not impose AGENCY FOR INTERNATIONAL
Additional information about these substantial direct costs on tribal DEVELOPMENT
statutes and Executive Orders can be governments or preempt tribal law.
found at http://www2.epa.gov/laws- Thus, Executive Order 13175 does not 48 CFR Parts 701, 722 and Appendix J
regulations/laws-and-executive-orders. apply to this action. RIN 0412–AA80
A. Executive Order 12866: Regulatory G. Executive Order 13045: Protection of
Planning and Review and Executive Agency for International Development
Children From Environmental Health Acquisition Regulation (AIDAR):
Order 13563: Improving Regulation and Risks and Safety Risks
Regulatory Review Agency Warrant Program for Individual
The EPA interprets Executive Order Cooperating Country National
This action is not a significant Personal Services Contractors
13045 as applying only to those
regulatory action and was therefore not (CCNPSCs)
regulatory actions that concern
submitted to the Office of Management
environmental health or safety risks that AGENCY: U.S. Agency for International
and Budget (OMB) for review.
the EPA has reason to believe may
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Development.
B. Paperwork Reduction Act (PRA) disproportionately affect children, per ACTION: Proposed rule.
This action does not impose an the definition of ‘‘covered regulatory
information collection burden under the action’’ in section 2–202 of the SUMMARY: The U.S. Agency for
PRA because this action does not Executive Order. This action is not International Development (USAID)
subject to Executive Order 13045 proposes to amend the Agency for
1 If this proposed rule is finalized, Butte County because it does not impose additional International Development Acquisition
Rules 400, 401 and 432, will supersede the existing requirements beyond those imposed by Regulation (AIDAR) to incorporate a
SIP approved rules listed in Table 2. state law. warrant program for cooperating
VerDate Sep<11>2014 14:53 Aug 18, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1](https://thefederalregister.org/doc/81_FR_55563/page/4.svg)
Document Created: 2016-08-19 01:35:25
Document Modified: 2016-08-19 01:35:25
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by September 19, 2016. | |
| Contact | Laura Yannayon, EPA Region IX, (415) 972-3534, [email protected] | |
| FR Citation | 81 FR 55402 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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