81_FR_65780 81 FR 65595 - Approval of California Air Plan Revisions, Ventura County Air Pollution Control District; Prevention of Significant Deterioration

81 FR 65595 - Approval of California Air Plan Revisions, Ventura County Air Pollution Control District; Prevention of Significant Deterioration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65595-65597
FR Document2016-22883

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD or District) portion of the California State Implementation Plan (SIP). The State of California (State) is required under the Clean Air Act (CAA or Act) to adopt and implement a SIP-approved Prevention of Significant Deterioration (PSD) permit program. These proposed SIP revisions would incorporate a PSD rule for the VCAPCD into the SIP to establish a PSD permit program for pre-construction review of certain new and modified major stationary sources in attainment and unclassifiable areas within the District. We are taking public comments on this proposal and plan to follow with a final action following consideration of the public comments received.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Proposed Rules]
[Pages 65595-65597]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22883]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0305; FRL-9952-81-Region 9]


Approval of California Air Plan Revisions, Ventura County Air 
Pollution Control District; Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Ventura County Air Pollution Control District 
(VCAPCD or District) portion of the California State Implementation 
Plan (SIP). The State of California (State) is required under the Clean 
Air Act (CAA or Act) to adopt and implement a SIP-approved Prevention 
of Significant Deterioration (PSD) permit program. These proposed SIP 
revisions would incorporate a PSD rule for the VCAPCD into the SIP to 
establish a PSD permit program for pre-construction review of certain 
new and modified major stationary sources in attainment and 
unclassifiable areas within the District. We are taking public comments 
on this proposal and plan to follow with a final action following 
consideration of the public comments received.

DATES: Any comments must arrive by October 24, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0305 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 edited or removed 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 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: Ya-Ting (Sheila) Tsai, EPA Region IX, 
(415) 972-3328, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

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 rule actions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule actions?
    B. Do the rules meet the evaluation criteria?
    C. Transfer of Existing Permits Issued by the EPA and Program 
Implementation
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
on which they were revised or repealed by the local air agency and the 
dates of the corresponding SIP submittals to the EPA by the California 
Air Resources Board (CARB). Through these submittals, CARB is 
requesting revisions to the SIP to incorporate the PSD program for the 
VCAPCD into the SIP. The CARB's submittal of March 11, 2016 requested 
the EPA's approval of VCAPCD Rule 26.13 into the SIP, and its submittal 
dated August 23, 2011 requested that the EPA remove VCAPCD Rule 26.10 
from the SIP.

                                         Table 1--Submitted Rule Actions
----------------------------------------------------------------------------------------------------------------
        Rule No.                 Rule title                    Action               Action date   Submitted date
----------------------------------------------------------------------------------------------------------------
26.10..................  New Source Review--        Repealed....................       6/28/2011       8/23/2011
                          Prevention of
                          Significant
                          Deterioration.
26.13..................  New Source Review--        Revised.....................      11/10/2015       3/11/2016
                          Prevention of
                          Significant
                          Deterioration (PSD).
----------------------------------------------------------------------------------------------------------------

    On April 19, 2016, the EPA determined that the March 11, 2016 CARB 
submittal requesting approval of VCAPCD Rule 26.13 into the SIP met the 
completeness criteria in 40 CFR part 51 Appendix V, which must be met 
before formal EPA review. On February 23, 2012, the CARB submittal 
requesting the removal of VCAPCD Rule 26.10 from the SIP was deemed by 
operation of law to meet the completeness criteria in 40 CFR part 51 
Appendix V.

B. Are there other versions of these rules?

    The EPA approved Rule 26.10, New Source Review--Prevention of 
Significant Deterioration into the VCAPCD portion of the California SIP

[[Page 65596]]

on December 7, 2000 (65 FR 76567); however, the EPA's approval of this 
rule was not an approval of a PSD program for the VCAPCD. Rather, 
VCAPCD Rule 26.10 simply confirmed that new major sources and major 
modifications within the District must comply with the applicable 
requirements for federal PSD permitting in 40 CFR 52.21, and provided 
that any such source must obtain separate permits from the District and 
the EPA.
    On June 28, 2011, VCAPCD adopted Rule 26.13, New Source Review--
Prevention of Significant Deterioration (PSD) with the intent to assume 
PSD permitting responsibility for sources located in Ventura County 
upon the EPA's SIP approval of the rule. On the same date, the VCAPCD 
repealed local PSD Rule 26.10 for purposes of State and local law. In a 
letter dated August 4, 2011, the VCAPCD submitted a request to CARB 
that Rule 26.13 be added to the Ventura County portion of the SIP and 
that Rule 26.10 be removed from the SIP. On August 23, 2011, CARB 
submitted a proposed SIP revision to the EPA requesting the approval of 
Rule 26.13 into the SIP and the removal of Rule 26.10 from the SIP.
    However, EPA staff subsequently determined that the version of Rule 
26.13 adopted by the District on June 28, 2011 contained certain 
deficiencies and could benefit from clarifying changes, and notified 
the District about these deficiencies. To address these deficiencies, 
the VCAPCD adopted revisions to Rule 26.13 on November 10, 2015, and 
CARB submitted the revised version of this rule to the EPA for SIP 
approval on March 11, 2016. Accordingly, the EPA's proposed action 
addresses the current version of Rule 26.13, as revised on November 10, 
2015 and submitted to the EPA on March 11, 2016. If the EPA approves 
Rule 26.13, the EPA will add revised Rule 26.13 to the SIP and Rule 
26.10 will be removed from the SIP.

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

    Section 110(a) of the CAA requires states to adopt and submit 
regulations for the implementation, maintenance and enforcement of the 
primary and secondary NAAQS. Specifically, sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the Act require such state 
plans to meet the applicable requirements of section 165 relating to a 
pre-construction permit program for the prevention of significant 
deterioration of air quality and visibility protection. VCAPCD Rule 
26.13 is intended to implement a pre-construction PSD permit program as 
required by section 165 of the CAA for certain new and modified major 
stationary sources located in attainment and unclassifiable areas 
within the District. Because the State does not currently have a SIP-
approved PSD program within the VCAPCD, the EPA is currently the PSD 
permitting authority within the VCAPCD, and implements the federal PSD 
program under 40 CFR 52.21, as Rule 26.10 reiterates. Approval of 
VCAPCD Rule 26.13 into the SIP, and removal of Rule 26.10 from the SIP, 
will transfer PSD permitting authority from the EPA to the VCAPCD. The 
EPA would then assume the role of overseeing the VCAPCD's PSD 
permitting program, as intended by the CAA.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule actions?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Other relevant statutory and 
regulatory provisions for our review of the submitted rule include CAA 
section 165 and section 51.166 of title 40 of the Code of Federal 
Regulations (40 CFR 51.166). CAA section 165 requires states to adopt a 
pre-construction permitting program for certain new and modified major 
stationary sources located in attainment areas and unclassifiable 
areas. 40 CFR 51.166 establishes the specific requirements for SIP-
approved PSD permit programs that must be met to satisfy the 
requirements of section 165 of the CAA.

B. Do the rules meet the evaluation criteria?

    With some exclusions and revisions, VCAPCD Rule 26.13, as submitted 
by the CARB in March 2016, incorporated by reference the EPA's federal 
PSD program requirements at 40 CFR 52.21, as of September 1, 2015. We 
generally consider the EPA's PSD permit program requirements at 40 CFR 
52.21 to be consistent with the criteria for SIP-approved PSD permit 
programs in 40 CFR 51.166. However, we conducted a review of VCAPCD 
Rule 26.13 to ensure that all requirements of 40 CFR 51.166 were met by 
this District rule. Our detailed evaluation is available as an 
attachment to the technical support document (TSD) for this proposed 
rulemaking action. We also reviewed the revisions that the District 
made to the provisions of 40 CFR 52.21 that were incorporated by 
reference into the rule, such as revising certain terms and definitions 
to reflect that the District, rather than the EPA, will be the PSD 
permitting authority following SIP approval of the District's PSD rule. 
We also determined that the removal of Rule 26.10 from the SIP would be 
appropriate concurrent with approval of Rule 26.13 into the SIP, 
because the applicable PSD requirements for federal PSD permitting in 
40 CFR 52.21 referenced in Rule 26.10 would no longer apply once the 
EPA approves VCAPCD's Rule 26.13 into the SIP. Based on our review of 
Rule 26.13 and the underlying statutory and regulatory requirements 
governing this action, we are proposing to find the SIP revision for 
the District's PSD rules acceptable under CAA sections 110(a), 110(l) 
and 165 and 40 CFR 51.166.
    The EPA's TSD for this rulemaking action has more information about 
Rule 26.13, including our evaluation and recommendation to approve it 
into the SIP.

C. Transfer of Existing Permits Issued by the EPA and Program 
Implementation

    The VCAPCD requested approval to exercise its authority to 
administer the PSD program with respect to those sources located in 
Ventura County that have existing PSD permits issued by the EPA. This 
would include authority to conduct general administration of these 
existing permits, authority to process and issue any and all subsequent 
PSD permit actions relating to such permits (e.g., modifications, 
amendments, or revisions of any nature), and authority to enforce such 
permits.
    Consistent with section 110(a)(2)(E)(i) of the Act, the SIP 
submittal and additional information provided by the District make 
clear that that VCAPCD has the authority under state statute and rule 
to administer the PSD permit program, including but not limited to the 
authority to administer, process and issue any and all permit 
decisions, and enforce PSD permit requirements within the District. 
This applies to PSD permits that the District will issue and to 
existing PSD permits issued by the EPA that are to be transferred to 
the District upon the effective date of the EPA's approval of the PSD 
SIP submittal.
    We have also determined that the District has adequate personnel 
and funding to administer the PSD program.

[[Page 65597]]

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve District Rule 26.13 into the Ventura County portion of 
the SIP because we believe it fulfills all relevant CAA requirements. 
We also propose to remove District Rule 26.10 from the SIP concurrent 
with our final approval of Rule 26.13, for the reasons discussed above. 
If we take final action to approve Rule 26.13, our final action will 
incorporate Rule 26.13 into the federally enforceable SIP and remove 
Rule 26.10 from the SIP.
    We will accept comments from the public on this proposal until 
October 24, 2016.

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 incorporate by 
reference VCAPCD Rule 26.13 as described in Table 1 of this notice. The 
EPA has made, and will continue to make, this document available 
electronically through www.regulations.gov and in hard copy at U.S. 
Environmental Protection Agency Region IX (AIR-3), 75 Hawthorne Street, 
San Francisco, CA 94105-3901.

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 proposed action merely proposes to approve State law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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);
     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 disproportionate human health or environmental effects with 
practical, appropriate, 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 the 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: September 14, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-22883 Filed 9-22-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules                                              65595

                                                 on or after January 1, 2020. In the                      ACTION:     Proposed rule.                            other file sharing system). For
                                                 Department’s view, both requests are                                                                           additional submission methods, please
                                                 premature in the context of a decision                   SUMMARY:   The Environmental Protection               contact the person identified in the FOR
                                                 whether to extend the public comment                     Agency (EPA) is proposing to approve                  FURTHER INFORMATION CONTACT section.
                                                 period on the proposals. It is not clear                 revisions to the Ventura County Air                   For the full EPA public comment policy,
                                                 at this time that a public hearing will                  Pollution Control District (VCAPCD or                 information about CBI or multimedia
                                                 necessarily contribute to the decision-                  District) portion of the California State             submissions, and general guidance on
                                                 making process by clarifying one or                      Implementation Plan (SIP). The State of               making effective comments, please visit
                                                 more significant issues affecting the                    California (State) is required under the              http://www2.epa.gov/dockets/
                                                 proposal, but the Agencies will be in a                  Clean Air Act (CAA or Act) to adopt and               commenting-epa-dockets.
                                                 better position to evaluate that issue                   implement a SIP-approved Prevention
                                                                                                          of Significant Deterioration (PSD)                    FOR FURTHER INFORMATION CONTACT: Ya-
                                                 after receiving the public comments on                                                                         Ting (Sheila) Tsai, EPA Region IX, (415)
                                                                                                          permit program. These proposed SIP
                                                 the proposals. Similarly, the issue of the                                                                     972–3328, Tsai.Ya-Ting@epa.gov.
                                                                                                          revisions would incorporate a PSD rule
                                                 effective date of final form changes is
                                                                                                          for the VCAPCD into the SIP to establish              SUPPLEMENTARY INFORMATION:
                                                 better addressed in a final notice of form
                                                                                                          a PSD permit program for pre-                         Throughout this document, ‘‘we,’’ ‘‘us’’
                                                 revisions after the Agencies have had
                                                                                                          construction review of certain new and                and ‘‘our’’ refer to the EPA.
                                                 the benefit of public input on the
                                                                                                          modified major stationary sources in
                                                 proposals and have decided upon the                                                                            Table of Contents
                                                                                                          attainment and unclassifiable areas
                                                 final form changes and regulatory
                                                                                                          within the District. We are taking public             I. The State’s Submittal
                                                 amendments that will be adopted.
                                                                                                          comments on this proposal and plan to                    A. What rules did the State submit?
                                                    The Internal Revenue Service and the                  follow with a final action following                     B. Are there other versions of these rules?
                                                 Pension Benefit Guaranty Corporation                     consideration of the public comments                     C. What is the purpose of the submitted
                                                 have agreed to this extension of the                     received.                                                   rule actions?
                                                 comment period for purposes of                                                                                 II. The EPA’s Evaluation and Action
                                                 portions of the Notice of Proposed                       DATES: Any comments must arrive by                       A. How is the EPA evaluating the rule
                                                 Forms Revision that address annual                       October 24, 2016.                                           actions?
                                                 reporting requirements under the                         ADDRESSES: Submit your comments,                         B. Do the rules meet the evaluation
                                                 Internal Revenue Code and Title IV of                    identified by Docket ID No. EPA–R09–                        criteria?
                                                                                                          OAR–2016–0305 at http://                                 C. Transfer of Existing Permits Issued by
                                                 ERISA.                                                                                                               the EPA and Program Implementation
                                                                                                          www.regulations.gov, or via email to
                                                 Phyllis C. Borzi,                                                                                                 D. Public Comment and Proposed Action
                                                                                                          R9airpermits@epa.gov. For comments                    III. Incorporation by Reference
                                                 Assistant Secretary, Employee Benefits,                  submitted at Regulations.gov, follow the
                                                 Security Administration, Department of                                                                         IV. Statutory and Executive Order Reviews
                                                                                                          online instructions for submitting
                                                 Labor.                                                   comments. Once submitted, comments                    I. The State’s Submittal
                                                 [FR Doc. 2016–22989 Filed 9–22–16; 8:45 am]              cannot be edited or removed from                      A. What rules did the State submit?
                                                 BILLING CODE 4510–29–P                                   Regulations.gov. For either manner of
                                                                                                          submission, the EPA may publish any                      Table 1 lists the rules addressed by
                                                                                                          comment received to its public docket.                this proposal with the dates on which
                                                 ENVIRONMENTAL PROTECTION                                 Do not submit electronically any                      they were revised or repealed by the
                                                 AGENCY                                                   information you consider to be                        local air agency and the dates of the
                                                                                                          Confidential Business Information (CBI)               corresponding SIP submittals to the EPA
                                                 40 CFR Part 52                                           or other information whose disclosure is              by the California Air Resources Board
                                                                                                          restricted by statute. Multimedia                     (CARB). Through these submittals,
                                                 [EPA–R09–OAR–2016–0305; FRL–9952–81–                     submissions (audio, video, etc.) must be              CARB is requesting revisions to the SIP
                                                 Region 9]                                                                                                      to incorporate the PSD program for the
                                                                                                          accompanied by a written comment.
                                                 Approval of California Air Plan                          The written comment is considered the                 VCAPCD into the SIP. The CARB’s
                                                 Revisions, Ventura County Air                            official comment and should include                   submittal of March 11, 2016 requested
                                                 Pollution Control District; Prevention                   discussion of all points you wish to                  the EPA’s approval of VCAPCD Rule
                                                 of Significant Deterioration                             make. The EPA will generally not                      26.13 into the SIP, and its submittal
                                                                                                          consider comments or comment                          dated August 23, 2011 requested that
                                                 AGENCY: Environmental Protection                         contents located outside of the primary               the EPA remove VCAPCD Rule 26.10
                                                 Agency (EPA).                                            submission (i.e., on the web, cloud, or               from the SIP.

                                                                                                           TABLE 1—SUBMITTED RULE ACTIONS
                                                                                                                                                                                                   Submitted
                                                  Rule No.                                               Rule title                                               Action          Action date        date

                                                 26.10 ......   New Source Review—Prevention of Significant Deterioration ...............................    Repealed .......       6/28/2011        8/23/2011
                                                 26.13 ......   New Source Review—Prevention of Significant Deterioration (PSD) ....................         Revised ..........    11/10/2015        3/11/2016
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                   On April 19, 2016, the EPA                             23, 2012, the CARB submittal requesting               B. Are there other versions of these
                                                 determined that the March 11, 2016                       the removal of VCAPCD Rule 26.10 from                 rules?
                                                 CARB submittal requesting approval of                    the SIP was deemed by operation of law
                                                 VCAPCD Rule 26.13 into the SIP met                       to meet the completeness criteria in 40                 The EPA approved Rule 26.10, New
                                                 the completeness criteria in 40 CFR part                 CFR part 51 Appendix V.                               Source Review—Prevention of
                                                 51 Appendix V, which must be met                                                                               Significant Deterioration into the
                                                 before formal EPA review. On February                                                                          VCAPCD portion of the California SIP


                                            VerDate Sep<11>2014    15:12 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\23SEP1.SGM   23SEP1


                                                 65596                 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules

                                                 on December 7, 2000 (65 FR 76567);                      required by section 165 of the CAA for                rulemaking action. We also reviewed
                                                 however, the EPA’s approval of this rule                certain new and modified major                        the revisions that the District made to
                                                 was not an approval of a PSD program                    stationary sources located in attainment              the provisions of 40 CFR 52.21 that were
                                                 for the VCAPCD. Rather, VCAPCD Rule                     and unclassifiable areas within the                   incorporated by reference into the rule,
                                                 26.10 simply confirmed that new major                   District. Because the State does not                  such as revising certain terms and
                                                 sources and major modifications within                  currently have a SIP-approved PSD                     definitions to reflect that the District,
                                                 the District must comply with the                       program within the VCAPCD, the EPA                    rather than the EPA, will be the PSD
                                                 applicable requirements for federal PSD                 is currently the PSD permitting                       permitting authority following SIP
                                                 permitting in 40 CFR 52.21, and                         authority within the VCAPCD, and                      approval of the District’s PSD rule. We
                                                 provided that any such source must                      implements the federal PSD program                    also determined that the removal of
                                                 obtain separate permits from the District               under 40 CFR 52.21, as Rule 26.10                     Rule 26.10 from the SIP would be
                                                 and the EPA.                                            reiterates. Approval of VCAPCD Rule
                                                    On June 28, 2011, VCAPCD adopted                                                                           appropriate concurrent with approval of
                                                                                                         26.13 into the SIP, and removal of Rule
                                                 Rule 26.13, New Source Review—                                                                                Rule 26.13 into the SIP, because the
                                                                                                         26.10 from the SIP, will transfer PSD
                                                 Prevention of Significant Deterioration                                                                       applicable PSD requirements for federal
                                                                                                         permitting authority from the EPA to the
                                                 (PSD) with the intent to assume PSD                     VCAPCD. The EPA would then assume                     PSD permitting in 40 CFR 52.21
                                                 permitting responsibility for sources                   the role of overseeing the VCAPCD’s                   referenced in Rule 26.10 would no
                                                 located in Ventura County upon the                      PSD permitting program, as intended by                longer apply once the EPA approves
                                                 EPA’s SIP approval of the rule. On the                  the CAA.                                              VCAPCD’s Rule 26.13 into the SIP.
                                                 same date, the VCAPCD repealed local                                                                          Based on our review of Rule 26.13 and
                                                 PSD Rule 26.10 for purposes of State                    II. The EPA’s Evaluation and Action                   the underlying statutory and regulatory
                                                 and local law. In a letter dated August                 A. How is the EPA evaluating the rule                 requirements governing this action, we
                                                 4, 2011, the VCAPCD submitted a                         actions?                                              are proposing to find the SIP revision
                                                 request to CARB that Rule 26.13 be                                                                            for the District’s PSD rules acceptable
                                                 added to the Ventura County portion of                     SIP rules must be enforceable (see
                                                                                                                                                               under CAA sections 110(a), 110(l) and
                                                 the SIP and that Rule 26.10 be removed                  CAA section 110(a)(2)), must not
                                                                                                         interfere with applicable requirements                165 and 40 CFR 51.166.
                                                 from the SIP. On August 23, 2011,
                                                 CARB submitted a proposed SIP                           concerning attainment and reasonable                    The EPA’s TSD for this rulemaking
                                                 revision to the EPA requesting the                      further progress or other CAA                         action has more information about Rule
                                                 approval of Rule 26.13 into the SIP and                 requirements (see CAA section 110(l)),                26.13, including our evaluation and
                                                 the removal of Rule 26.10 from the SIP.                 and must not modify certain SIP control               recommendation to approve it into the
                                                    However, EPA staff subsequently                      requirements in nonattainment areas                   SIP.
                                                 determined that the version of Rule                     without ensuring equivalent or greater
                                                                                                         emissions reductions (see CAA section                 C. Transfer of Existing Permits Issued by
                                                 26.13 adopted by the District on June                                                                         the EPA and Program Implementation
                                                 28, 2011 contained certain deficiencies                 193). Other relevant statutory and
                                                 and could benefit from clarifying                       regulatory provisions for our review of                  The VCAPCD requested approval to
                                                 changes, and notified the District about                the submitted rule include CAA section                exercise its authority to administer the
                                                 these deficiencies. To address these                    165 and section 51.166 of title 40 of the             PSD program with respect to those
                                                 deficiencies, the VCAPCD adopted                        Code of Federal Regulations (40 CFR                   sources located in Ventura County that
                                                 revisions to Rule 26.13 on November 10,                 51.166). CAA section 165 requires states
                                                                                                                                                               have existing PSD permits issued by the
                                                 2015, and CARB submitted the revised                    to adopt a pre-construction permitting
                                                                                                                                                               EPA. This would include authority to
                                                 version of this rule to the EPA for SIP                 program for certain new and modified
                                                                                                                                                               conduct general administration of these
                                                 approval on March 11, 2016.                             major stationary sources located in
                                                                                                                                                               existing permits, authority to process
                                                 Accordingly, the EPA’s proposed action                  attainment areas and unclassifiable
                                                                                                         areas. 40 CFR 51.166 establishes the                  and issue any and all subsequent PSD
                                                 addresses the current version of Rule
                                                                                                         specific requirements for SIP-approved                permit actions relating to such permits
                                                 26.13, as revised on November 10, 2015
                                                 and submitted to the EPA on March 11,                   PSD permit programs that must be met                  (e.g., modifications, amendments, or
                                                 2016. If the EPA approves Rule 26.13,                   to satisfy the requirements of section                revisions of any nature), and authority
                                                 the EPA will add revised Rule 26.13 to                  165 of the CAA.                                       to enforce such permits.
                                                 the SIP and Rule 26.10 will be removed                                                                           Consistent with section 110(a)(2)(E)(i)
                                                                                                         B. Do the rules meet the evaluation
                                                 from the SIP.                                                                                                 of the Act, the SIP submittal and
                                                                                                         criteria?
                                                                                                                                                               additional information provided by the
                                                 C. What is the purpose of the submitted                    With some exclusions and revisions,
                                                 rule actions?                                                                                                 District make clear that that VCAPCD
                                                                                                         VCAPCD Rule 26.13, as submitted by                    has the authority under state statute and
                                                   Section 110(a) of the CAA requires                    the CARB in March 2016, incorporated                  rule to administer the PSD permit
                                                 states to adopt and submit regulations                  by reference the EPA’s federal PSD                    program, including but not limited to
                                                 for the implementation, maintenance                     program requirements at 40 CFR 52.21,                 the authority to administer, process and
                                                 and enforcement of the primary and                      as of September 1, 2015. We generally                 issue any and all permit decisions, and
                                                 secondary NAAQS. Specifically,                          consider the EPA’s PSD permit program                 enforce PSD permit requirements within
                                                 sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),             requirements at 40 CFR 52.21 to be
                                                                                                                                                               the District. This applies to PSD permits
                                                 and 110(a)(2)(J) of the Act require such                consistent with the criteria for SIP-
                                                                                                                                                               that the District will issue and to
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                                                 state plans to meet the applicable                      approved PSD permit programs in 40
                                                                                                                                                               existing PSD permits issued by the EPA
                                                 requirements of section 165 relating to                 CFR 51.166. However, we conducted a
                                                                                                         review of VCAPCD Rule 26.13 to ensure                 that are to be transferred to the District
                                                 a pre-construction permit program for
                                                 the prevention of significant                           that all requirements of 40 CFR 51.166                upon the effective date of the EPA’s
                                                 deterioration of air quality and visibility             were met by this District rule. Our                   approval of the PSD SIP submittal.
                                                 protection. VCAPCD Rule 26.13 is                        detailed evaluation is available as an                   We have also determined that the
                                                 intended to implement a pre-                            attachment to the technical support                   District has adequate personnel and
                                                 construction PSD permit program as                      document (TSD) for this proposed                      funding to administer the PSD program.


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                                                                       Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules                                            65597

                                                 D. Public Comment and Proposed                             • does not contain any unfunded                    FEDERAL COMMUNICATIONS
                                                 Action                                                  mandate or significantly or uniquely                  COMMISSION
                                                    As authorized in section 110(k)(3) of                affect small governments, as described
                                                                                                         in the Unfunded Mandates Reform Act                   47 CFR Parts 1 and 90
                                                 the Act, the EPA proposes to fully
                                                 approve District Rule 26.13 into the                    of 1995 (Pub. L. 104–4);                              [WP Docket No. 16–261; RM–11719; RM–
                                                 Ventura County portion of the SIP                          • does not have Federalism                         11722; FCC 16–110]
                                                 because we believe it fulfills all relevant             implications as specified in Executive
                                                 CAA requirements. We also propose to                                                                          Amendment To Improve Access to
                                                                                                         Order 13132 (64 FR 43255, August 10,
                                                 remove District Rule 26.10 from the SIP                                                                       Private Land Mobile Radio Spectrum
                                                                                                         1999);
                                                 concurrent with our final approval of                                                                         AGENCY:  Federal Communications
                                                                                                            • Is not an economically significant
                                                 Rule 26.13, for the reasons discussed                                                                         Commission.
                                                 above. If we take final action to approve               regulatory action based on health or
                                                                                                         safety risks subject to Executive Order               ACTION: Proposed rule.
                                                 Rule 26.13, our final action will
                                                 incorporate Rule 26.13 into the federally               13045 (62 FR 19885, April 23, 1997);                  SUMMARY:   In this document, the Federal
                                                 enforceable SIP and remove Rule 26.10                      • is not a significant regulatory action           Communications Commission
                                                 from the SIP.                                           subject to Executive Order 13211 (66 FR               (Commission or FCC) proposes and
                                                    We will accept comments from the                     28355, May 22, 2001);                                 seeks comment on proposals to revise
                                                 public on this proposal until October                      • is not subject to requirements of                the Commission’s rules governing
                                                 24, 2016.                                               Section 12(d) of the National                         private land mobile radio (PLMR)
                                                                                                                                                               services, such as allowing 806–824/851–
                                                 III. Incorporation by Reference                         Technology Transfer and Advancement
                                                                                                                                                               869 MHz (800 MHz) band incumbent
                                                   In this rule, the EPA is proposing to                 Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                               licensees in a market a window in
                                                 include in a final EPA rule regulatory                  application of those requirements would               which to apply for Expansion Band and
                                                 text that includes incorporation by                     be inconsistent with the Clean Air Act;               Guard Band frequencies before the
                                                 reference. In accordance with                           and                                                   frequencies are made available to
                                                 requirements of 1 CFR 51.5, the EPA is                     • does not provide EPA with the                    applicants for new systems, extending
                                                 proposing to incorporate by reference                   discretionary authority to address                    conditional licensing authority to
                                                 VCAPCD Rule 26.13 as described in                       disproportionate human health or                      applicants for site-based licenses in the
                                                 Table 1 of this notice. The EPA has                     environmental effects with practical,                 800 MHz and 896–901/935–940 MHz
                                                 made, and will continue to make, this                   appropriate, and legally permissible                  (900 MHz) bands, making available for
                                                 document available electronically                       methods under Executive Order 12898                   PLMR use frequencies that are on the
                                                 through www.regulations.gov and in                      (59 FR 7629, February 16, 1994).                      band edge between the Industrial/
                                                 hard copy at U.S. Environmental                                                                               Business (I/B) Pool and either General
                                                 Protection Agency Region IX (AIR–3),                       In addition, the SIP is not approved
                                                                                                                                                               Mobile Radio Service (GMRS) or
                                                 75 Hawthorne Street, San Francisco, CA                  to apply on any Indian reservation land               Broadcast Auxiliary Service (BAS)
                                                 94105–3901.                                             or in any other area where the EPA or                 spectrum, making certain frequencies
                                                                                                         an Indian tribe has demonstrated that a               that are designated for central station
                                                 IV. Statutory and Executive Order                       tribe has jurisdiction. In those areas of
                                                 Reviews                                                                                                       alarm operations available for other
                                                                                                         Indian country, the rule does not have                PLMR uses, and accommodating certain
                                                   Under the Clean Air Act, the                          tribal implications and will not impose               railroad operations.
                                                 Administrator is required to approve a                  substantial direct costs on tribal                    DATES: Submit comments on or before
                                                 SIP submission that complies with the                   governments or preempt tribal law as                  November 22, 2016 and reply comments
                                                 provisions of the Act and applicable                    specified by Executive Order 13175 (65                on or before December 22, 2016.
                                                 federal regulations. 42 U.S.C. 7410(k);                 FR 67249, November 9, 2000).                          ADDRESSES: You may submit comments,
                                                 40 CFR 52.02(a). Thus, in reviewing SIP                                                                       identified by WP Docket No. 16–261, by
                                                 submissions, the EPA’s role is to                       List of Subjects in 40 CFR Part 52
                                                                                                                                                               any of the following methods:
                                                 approve State choices, provided that                      Environmental protection, Air
                                                 they meet the criteria of the Clean Air                                                                         • Federal Communications Commission’s
                                                                                                         pollution control, Carbon monoxide,                   Web site: http://fjallfoss.fcc.gov/ecfs2/.
                                                 Act. Accordingly, this proposed action
                                                                                                         Greenhouse gases, Incorporation by                    Follow the instructions for submitting
                                                 merely proposes to approve State law as                                                                       comments.
                                                                                                         reference, Intergovernmental relations,
                                                 meeting federal requirements and does                                                                           • Mail: Federal Communications
                                                 not impose additional requirements                      Lead, Nitrogen dioxide, Ozone,
                                                                                                         Particulate matter, Reporting and                     Commission, 445 12th Street SW.,
                                                 beyond those imposed by State law. For                                                                        Washington, DC 20554.
                                                 that reason, this proposed action:                      recordkeeping requirements, Sulfur                      • People with Disabilities: Contact the FCC
                                                   • Is not a ‘‘significant regulatory                   oxides, Volatile organic compounds.                   to request reasonable accommodations
                                                 action’’ subject to review by the Office                  Authority: 42 U.S.C. 7401 et seq.                   (accessible format documents, sign language
                                                 of Management and Budget under                                                                                interpreters, CART, etc.) by email: FCC504@
                                                                                                           Dated: September 14, 2016.                          fcc.gov or phone: 202–418–0530 or TTY:
                                                 Executive Order 12866 (58 FR 51735,
                                                                                                         Alexis Strauss,                                       202–418–0432.
                                                 October 4, 1993);
                                                   • does not impose an information                      Acting Regional Administrator, Region IX.             FOR FURTHER INFORMATION CONTACT:
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                                                 collection burden under the provisions                  [FR Doc. 2016–22883 Filed 9–22–16; 8:45 am]           Melvin Spann, Melvin.Spann@fcc.gov,
                                                 of the Paperwork Reduction Act (44                      BILLING CODE 6560–50–P                                Wireless Telecommunications Bureau,
                                                 U.S.C. 3501 et seq.);                                                                                         (202) 418–1333, or TTY (202) 418–7233.
                                                   • is certified as not having a                                                                              SUPPLEMENTARY INFORMATION: This is a
                                                 significant economic impact on a                                                                              summary of the Commission’s Notice of
                                                 substantial number of small entities                                                                          Proposed Rulemaking (NPRM), adopted
                                                 under the Regulatory Flexibility Act (5                                                                       August 17, 2016, and released August
                                                 U.S.C. 601 et seq.);                                                                                          18, 2016. The full text of this document


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Document Created: 2016-09-23 01:43:17
Document Modified: 2016-09-23 01:43:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by October 24, 2016.
ContactYa-Ting (Sheila) Tsai, EPA Region IX, (415) 972-3328, [email protected]
FR Citation81 FR 65595 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Greenhouse Gases; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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