81_FR_69584 81 FR 69390 - Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits

81 FR 69390 - Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range69390-69392
FR Document2016-23851

The Environmental Protection Agency (EPA) is finalizing action on five permitting rules submitted as a revision to the Northern Sonoma County Air Pollution Control District (NSCAPCD or District) portion of the applicable state implementation plan (SIP) for the State of California pursuant to requirements under the Clean Air Act (CAA or Act). We are finalizing a limited approval and limited disapproval of two rules; we are finalizing approval of the remaining three permitting rules; and we are deleting three rules. The amended rules govern the issuance of permits for stationary sources, including review and permitting of minor sources, major sources and major modifications under part C of title I of the Act. The limited disapproval actions trigger an obligation for EPA to promulgate a Federal Implementation Plan (FIP) for the specific New Source Review (NSR) program deficiencies unless California submits and we approve SIP revisions that correct the deficiencies within two years of the final action.

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69390-69392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23851]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0240; FRL-9950-74-Region 9]


Approval and Limited Approval and Limited Disapproval of Air 
Quality Implementation Plans; California; Northern Sonoma County Air 
Pollution Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on five permitting rules submitted as a revision to the Northern Sonoma 
County Air Pollution Control District (NSCAPCD or District) portion of 
the applicable state implementation plan (SIP) for the State of 
California pursuant to requirements under the Clean Air Act (CAA or 
Act). We are finalizing a limited approval and limited disapproval of 
two rules; we are finalizing approval of the remaining three permitting 
rules; and we are deleting three rules. The amended rules govern the 
issuance of permits for stationary sources, including review and 
permitting of minor sources, major sources and major modifications 
under part C of title I of the Act. The limited disapproval actions 
trigger an obligation for EPA to promulgate a Federal Implementation 
Plan (FIP) for the specific New Source Review (NSR) program 
deficiencies unless California submits and we approve SIP revisions 
that correct the deficiencies within two years of the final action.

DATES: This rule will be effective on November 7, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2016-0240. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, by phone: (415) 972-
3534 or by email at [email protected].

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

Table of Contents

I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 19, 2016 (81 FR 31567), the EPA proposed a limited approval 
and limited disapproval (LA/LD) or a full approval (as noted in the 
table) of the following rules that were submitted for incorporation 
into the Northern Sonoma County portion of the California SIP.

                                          Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
         Rule No.                   Rule title             Amended        Submitted         Proposed action
----------------------------------------------------------------------------------------------------------------
130.......................  Definitions..............        11/14/14        12/11/14  LA/LD.
200.......................  Permit Requirements......        11/14/14        12/11/14  Full Approval.
220.......................  New Source Review........        11/14/14        12/11/14  LA/LD.
230.......................  Action on Applications...        11/14/14        12/11/14  Full Approval.
240.......................  Permit to Operate........         2/22/84        10/16/85  Full Approval.
----------------------------------------------------------------------------------------------------------------

    We proposed a full approval of Rules 200, 230 and 240 because we 
determined that these rules improve the SIP and are consistent with the 
relevant CAA requirements. We proposed a limited approval of Rules 130 
and 220 because we determined that these rules improve the SIP and are 
largely consistent with the relevant CAA requirements. We 
simultaneously proposed a limited disapproval of Rules 130 and 220 
because some rule provisions conflict with section 110 and part C of 
the Act. These provisions include the following:
    A. The definition of Significant in Rule 130 does not include lead 
as a pollutant or provide a significant emission rate. The rule also 
does not provide a public notice threshold for lead.
    B. Rule 220 does not contain any provisions specifying that 
required air quality modeling shall be based on the applicable models, 
databases, and other requirements specified in Part 51 Appendix W; 
therefore, the requirements of 40 CFR 51.160(f) and 51.166(l) have not 
been meet.
    C. The text in Rule 220, Subsection (b)(3) contains a significant 
typographical error (the word ``not'' is missing) concerning the 
requirements pertaining to stack height.

[[Page 69391]]

    D. The requirements of 40 CFR 51.166(r)(1) and (2), regarding 
sources obligations, have not been met because the rule does not 
include the specific language required by these provisions.
    We also proposed to remove existing Rules 10, 12 and 18 from the 
SIP, as the submitted rules replaced the content of these rules. Our 
proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. EPA Action

    No comments were submitted. Therefore, as authorized in sections 
110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited 
approval of Rules 130 and 220 and a full approval of Rules 200, 230 and 
240. We are also deleting Rules 10, 12 and 18 from the Northern Sonoma 
County portion of the California SIP. This action incorporates the 
submitted rules into the Northern Sonoma County portion of the 
California SIP, including those provisions identified as deficient. As 
authorized under section 110(k)(3) and 301(a), the EPA is 
simultaneously finalizing a limited disapproval of Rules 130 and 220.
    As a result, the EPA must promulgate a federal implementation plan 
under section 110(c) unless we approve subsequent SIP revisions that 
correct the rule deficiencies within 24 months.
    In addition, because we are finalizing our proposed action, the 
California Infrastructure SIP deficiencies identified in our April 2016 
(81 FR 18766) rulemaking with respect to Northern Sonoma County APCD 
for the 1997 and 2006 PM2.5 NAAQS are remedied. Therefore we 
are updating the Northern Sonoma County portion of the California SIP 
accordingly.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
NSCAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and in 
hard copy at the U.S. Environmental Protection Agency, Region IX (Air-
3), 75 Hawthorne Street, San Francisco, CA 94105-3901.

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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 5, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be

[[Page 69392]]

challenged later in proceedings to enforce its requirements (see 
section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 5, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(6)(xvi)(D), 
(c)(35)(xvi)(D), (c)(42)(xxi)(B), (c)(50)(v)(C), (c)(124)(ix)(D), 
(c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(4) and (5), 
(c)(165)(i)(A)(2), (c)(254)(i)(B)(2), (c)(385)(i)(B)(2), and 
(c)(480)(i)(A) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (6) * * *
    (xvi) * * *
    (D) Previously approved on September 22, 1972 in paragraph (c)(6) 
of this section and now deleted without replacement, Rules 10, 12 and 
18.
* * * * *
    (35) * * *
    (xvi) * * *
    (D) Previously approved on August 16, 1978 in paragraph 
(c)(35)(xvi)(B) of this section and now deleted without replacement, 
Rule 130.
* * * * *
    (42) * * *
    (xxi) * * *
    (B) Previously approved on December 21, 1978 in paragraph 
(c)(42)(xxi)(A) of this section and now deleted with replacement in 
paragraph (c)(164)(i)(B)(4) of this section, Rule 240(e).
* * * * *
    (50) * * *
    (v) * * *
    (C) Previously approved on October 31, 1980 in paragraph 
(c)(50)(v)(A) of this section and now deleted with replacement in 
paragraph (c)(164)(i)(B)(4) of this section, Rule 240.
* * * * *
    (124) * * *
    (ix) * * *
    (D) Previously approved on July 31, 1985 in paragraph 
(c)(124)(ix)(B) of this section and now deleted without replacement, 
Rule 130 (introductory text, b1, n1, p5, and s2), and now deleted with 
replacement in paragraphs (c)(481)(i)(A)(3) and (4) of this section, 
Rules 220(c) and 230.
* * * * *
    (156) * * *
    (vi) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(156)(vi)(A) of this section and now deleted without replacement, 
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in 
paragraph (c)(481)(i)(A)(3) of this section, Chapter II, 220(B).
* * * * *
    (162) * * *
    (i) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(162)(i)(A) of this section and now deleted with replacement in 
paragraph (c)(481)(i)(A)(3) of this section, Rule 220(a).
* * * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (4) Rule 240, ``Permit to Operate,'' adopted on February 22, 1984.
    (5) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130 (d1 and s5), and now deleted with replacement in paragraph 
(c)(481)(i)(A)(2) of this section, Rule 200(a).
* * * * *
    (165) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on April 17, 1987 in paragraph 
(c)(165)(i)(A)(1) of this section and now deleted without replacement, 
Rule 130 (s4).
* * * * *
    (254) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on February 9, 1999 in paragraph 
(c)(254)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130.
* * * * *
    (385) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on May 6, 2011 in paragraph 
(c)(385)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(481)(i)(A)(1) of this section, Rule 130, ``Definitions,'' 
amended December 14, 2010.
* * * * *
    (480) New and amended regulations for the following AQMD was 
submitted on December 11, 2014 by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130, ``Definitions,'' adopted on November 14, 2014.
    (2) Rule 200, ``Permit Requirements,'' adopted on November 14, 
2014.
    (3) Rule 220, ``New Source Review,'' adopted on November 14, 2014.
    (4) Rule 230, ``Action on Applications,'' adopted on November 14, 
2014.


Sec.  52.223   [Amended]

0
3. Section 52.223 is amended by removing and reserving paragraphs 
(i)(4), (j)(3), (k)(3), (l)(4), (m)(3), (n)(3), and (o)(3).


Sec.  52.233   [Amended]

0
4. Section 52.233 is amended by removing and reserving paragraph 
(d)(17).

0
5. Section 52.270 is amended by revising the first sentence in 
paragraph (b)(4) to read as follows:


Sec.  52.270  Significant deterioration of air quality.

* * * * *
    (b) * * *
    (4) The PSD program for Northern Sonoma County Air Pollution 
Control District, as incorporated by reference in Sec.  52.220(c)(481) 
is approved under Part C, Subpart 1, of the Clean Air Act. * * *
* * * * *


Sec.  52.283  [Amended]

0
6. Section 52.283 is amended by removing and reserving paragraphs 
(c)(1)(iii), (d)(1)(iii), (e)(2)(iii), (f)(2)(iii), and (g)(1)(iii).

[FR Doc. 2016-23851 Filed 10-5-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              69390                   Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations

                                                                                      TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS
                                                                                                                                                State/local
                                                  State/local citation                                Title/Subject                                                               EPA Approval date                   Explanations
                                                                                                                                               effective date

                                                                                                                    Washington Department of Ecology Regulations


                                                      *                                  *                          *                                 *                             *                   *                   *
                                              173–400–260 ............             Conflict of Interest ...............................              07/01/16            10/06/16, [Insert Federal Register ci-
                                                                                                                                                                           tation].

                                                           *                               *                              *                              *                         *                      *                 *



                                              *       *          *         *        *                                  We are finalizing a limited approval and                          the Internet and will be publicly
                                              [FR Doc. 2016–23862 Filed 10–5–16; 8:45 am]                              limited disapproval of two rules; we are                          available only in hard copy form.
                                              BILLING CODE 6560–50–P                                                   finalizing approval of the remaining                              Publicly available docket materials are
                                                                                                                       three permitting rules; and we are                                available through http://
                                                                                                                       deleting three rules. The amended rules                           www.regulations.gov, or please contact
                                              ENVIRONMENTAL PROTECTION                                                 govern the issuance of permits for                                the person identified in the FOR FURTHER
                                              AGENCY                                                                   stationary sources, including review and                          INFORMATION CONTACT section for
                                                                                                                       permitting of minor sources, major                                additional availability information.
                                              40 CFR Part 52                                                           sources and major modifications under
                                                                                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                              [EPA–R09–OAR–2016–0240; FRL–9950–74–                                     part C of title I of the Act. The limited
                                              Region 9]                                                                disapproval actions trigger an obligation                         Laura Yannayon, by phone: (415) 972–
                                                                                                                       for EPA to promulgate a Federal                                   3534 or by email at yannayon.laura@
                                              Approval and Limited Approval and                                        Implementation Plan (FIP) for the                                 epa.gov.
                                              Limited Disapproval of Air Quality                                       specific New Source Review (NSR)                                  SUPPLEMENTARY INFORMATION:
                                              Implementation Plans; California;                                        program deficiencies unless California                            Throughout this document, the terms
                                              Northern Sonoma County Air Pollution                                     submits and we approve SIP revisions                              ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
                                              Control District; Stationary Source                                      that correct the deficiencies within two
                                              Permits                                                                  years of the final action.                                        Table of Contents
                                              AGENCY:  Environmental Protection                                        DATES: This rule will be effective on                             I. Proposed Action
                                              Agency (EPA).                                                            November 7, 2016.                                                 II. EPA Action
                                                                                                                       ADDRESSES: The EPA has established a                              III. Incorporation by Reference
                                              ACTION: Final rule.
                                                                                                                       docket for this action under Docket No.                           IV. Statutory and Executive Order Reviews
                                              SUMMARY:   The Environmental Protection                                  EPA–R09–OAR–2016–0240. All                                        I. Proposed Action
                                              Agency (EPA) is finalizing action on five                                documents in the docket are listed on
                                              permitting rules submitted as a revision                                 the http://www.regulations.gov Web                                  On May 19, 2016 (81 FR 31567), the
                                              to the Northern Sonoma County Air                                        site. Although listed in the index, some                          EPA proposed a limited approval and
                                              Pollution Control District (NSCAPCD or                                   information is not publicly available,                            limited disapproval (LA/LD) or a full
                                              District) portion of the applicable state                                e.g., CBI or other information whose                              approval (as noted in the table) of the
                                              implementation plan (SIP) for the State                                  disclosure is restricted by statute.                              following rules that were submitted for
                                              of California pursuant to requirements                                   Certain other material, such as                                   incorporation into the Northern Sonoma
                                              under the Clean Air Act (CAA or Act).                                    copyrighted material, is not placed on                            County portion of the California SIP.

                                                                                                                           TABLE 1—SUBMITTED NSR RULES
                                                  Rule No.                                        Rule title                                     Amended                  Submitted                       Proposed action

                                              130   ...............    Definitions ........................................................         11/14/14                  12/11/14   LA/LD.
                                              200   ...............    Permit Requirements .......................................                  11/14/14                  12/11/14   Full Approval.
                                              220   ...............    New Source Review ........................................                   11/14/14                  12/11/14   LA/LD.
                                              230   ...............    Action on Applications .....................................                 11/14/14                  12/11/14   Full Approval.
                                              240   ...............    Permit to Operate ............................................                2/22/84                  10/16/85   Full Approval.



                                                We proposed a full approval of Rules                                   130 and 220 because some rule                                     quality modeling shall be based on the
                                              200, 230 and 240 because we                                              provisions conflict with section 110 and                          applicable models, databases, and other
                                              determined that these rules improve the                                  part C of the Act. These provisions                               requirements specified in Part 51
                                              SIP and are consistent with the relevant                                 include the following:                                            Appendix W; therefore, the
                                              CAA requirements. We proposed a                                            A. The definition of Significant in                             requirements of 40 CFR 51.160(f) and
sradovich on DSK3GMQ082PROD with RULES




                                              limited approval of Rules 130 and 220                                    Rule 130 does not include lead as a                               51.166(l) have not been meet.
                                              because we determined that these rules                                   pollutant or provide a significant
                                                                                                                       emission rate. The rule also does not                               C. The text in Rule 220, Subsection
                                              improve the SIP and are largely                                                                                                            (b)(3) contains a significant
                                                                                                                       provide a public notice threshold for
                                              consistent with the relevant CAA                                                                                                           typographical error (the word ‘‘not’’ is
                                                                                                                       lead.
                                              requirements. We simultaneously                                            B. Rule 220 does not contain any                                missing) concerning the requirements
                                              proposed a limited disapproval of Rules                                  provisions specifying that required air                           pertaining to stack height.


                                         VerDate Sep<11>2014          18:20 Oct 05, 2016       Jkt 241001      PO 00000       Frm 00006       Fmt 4700       Sfmt 4700    E:\FR\FM\06OCR1.SGM   06OCR1


                                                               Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations                                          69391

                                                D. The requirements of 40 CFR                         found at http://www2.epa.gov/laws-                    G. Executive Order 13045: Protection of
                                              51.166(r)(1) and (2), regarding sources                 regulations/laws-and-executive-orders.                Children From Environmental Health
                                              obligations, have not been met because                                                                        Risks and Safety Risks
                                              the rule does not include the specific                  A. Executive Order 12866: Regulatory
                                                                                                      Planning and Review and Executive                       The EPA interprets Executive Order
                                              language required by these provisions.                                                                        13045 as applying only to those
                                                We also proposed to remove existing                   Order 13563: Improving Regulation and
                                                                                                      Regulatory Review                                     regulatory actions that concern
                                              Rules 10, 12 and 18 from the SIP, as the                                                                      environmental health or safety risks that
                                              submitted rules replaced the content of                   This action is not a significant                    the EPA has reason to believe may
                                              these rules. Our proposed action                        regulatory action and was therefore not               disproportionately affect children, per
                                              contains more information on the basis                  submitted to the Office of Management                 the definition of ‘‘covered regulatory
                                              for this rulemaking and on our                          and Budget (OMB) for review.                          action’’ in section 2–202 of the
                                              evaluation of the submittal.                                                                                  Executive Order. This action is not
                                                                                                      B. Paperwork Reduction Act (PRA)                      subject to Executive Order 13045
                                              II. EPA Action
                                                                                                                                                            because it does not impose additional
                                                 No comments were submitted.                            This action does not impose an
                                                                                                                                                            requirements beyond those imposed by
                                              Therefore, as authorized in sections                    information collection burden under the
                                                                                                                                                            state law.
                                              110(k)(3) and 301(a) of the Act, the EPA                PRA because this action does not
                                              is finalizing a limited approval of Rules               impose additional requirements beyond                 H. Executive Order 13211: Actions That
                                              130 and 220 and a full approval of Rules                those imposed by state law.                           Significantly Affect Energy Supply,
                                              200, 230 and 240. We are also deleting                                                                        Distribution, or Use
                                              Rules 10, 12 and 18 from the Northern                   C. Regulatory Flexibility Act (RFA)
                                                                                                                                                              This action is not subject to Executive
                                              Sonoma County portion of the                               I certify that this action will not have           Order 13211, because it is not a
                                              California SIP. This action incorporates                a significant economic impact on a                    significant regulatory action under
                                              the submitted rules into the Northern                   substantial number of small entities                  Executive Order 12866.
                                              Sonoma County portion of the                            under the RFA. This action will not
                                              California SIP, including those                                                                               I. National Technology Transfer and
                                                                                                      impose any requirements on small                      Advancement Act (NTTAA)
                                              provisions identified as deficient. As                  entities beyond those imposed by state
                                              authorized under section 110(k)(3) and                  law.                                                     Section 12(d) of the NTTAA directs
                                              301(a), the EPA is simultaneously                                                                             the EPA to use voluntary consensus
                                              finalizing a limited disapproval of Rules               D. Unfunded Mandates Reform Act                       standards in its regulatory activities
                                              130 and 220.                                            (UMRA)                                                unless to do so would be inconsistent
                                                 As a result, the EPA must promulgate                                                                       with applicable law or otherwise
                                              a federal implementation plan under                       This action does not contain any                    impractical. The EPA believes that this
                                              section 110(c) unless we approve                        unfunded mandate as described in                      action is not subject to the requirements
                                              subsequent SIP revisions that correct the               UMRA, 2 U.S.C. 1531–1538, and does                    of section 12(d) of the NTTAA because
                                              rule deficiencies within 24 months.                     not significantly or uniquely affect small            application of those requirements would
                                                 In addition, because we are finalizing               governments. This action does not                     be inconsistent with the CAA.
                                              our proposed action, the California                     impose additional requirements beyond
                                              Infrastructure SIP deficiencies identified              those imposed by state law.                           J. Executive Order 12898: Federal
                                              in our April 2016 (81 FR 18766)                         Accordingly, no additional costs to                   Actions To Address Environmental
                                              rulemaking with respect to Northern                     State, local, or tribal governments, or to            Justice in Minority Populations and
                                              Sonoma County APCD for the 1997 and                     the private sector, will result from this             Low-Income Population
                                              2006 PM2.5 NAAQS are remedied.                          action.                                                  The EPA lacks the discretionary
                                              Therefore we are updating the Northern                                                                        authority to address environmental
                                                                                                      E. Executive Order 13132: Federalism
                                              Sonoma County portion of the                                                                                  justice in this rulemaking.
                                              California SIP accordingly.                               This action does not have federalism                K. Congressional Review Act (CRA)
                                              III. Incorporation by Reference                         implications. It will not have substantial
                                                                                                      direct effects on the states, on the                    This action is subject to the CRA, and
                                                 In this rule, the EPA is finalizing                  relationship between the national                     the EPA will submit a rule report to
                                              regulatory text that includes                           government and the states, or on the                  each House of the Congress and to the
                                              incorporation by reference. In                          distribution of power and                             Comptroller General of the United
                                              accordance with requirements of 1 CFR                                                                         States. This action is not a ‘‘major rule’’
                                                                                                      responsibilities among the various
                                              51.5, the EPA is finalizing the                                                                               as defined by 5 U.S.C. 804(2).
                                                                                                      levels of government.
                                              incorporation by reference of the
                                                                                                                                                            L. Petitions for Judicial Review
                                              NSCAPCD rules described in the                          F. Executive Order 13175: Coordination
                                              amendments to 40 CFR part 52 set forth                  With Indian Tribal Governments                           Under section 307(b)(1) of the Clean
                                              below. The EPA has made, and will                                                                             Air Act, petitions for judicial review of
                                              continue to make, these documents                         This action does not have tribal                    this action must be filed in the United
                                              generally available electronically                      implications, as specified in Executive               States Court of Appeals for the
                                              through www.regulations.gov and in                      Order 13175, because the SIP is not                   appropriate circuit by December 5,
                                              hard copy at the U.S. Environmental                     approved to apply on any Indian                       2016. Filing a petition for
                                              Protection Agency, Region IX (Air-3), 75                reservation land or in any other area                 reconsideration by the Administrator of
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                                              Hawthorne Street, San Francisco, CA                     where the EPA or an Indian tribe has                  this final rule does not affect the finality
                                              94105–3901.                                             demonstrated that a tribe has                         of this rule for the purposes of judicial
                                                                                                      jurisdiction, and will not impose                     review nor does it extend the time
                                              IV. Statutory and Executive Order                       substantial direct costs on tribal                    within which a petition for judicial
                                              Reviews                                                 governments or preempt tribal law.                    review may be filed, and shall not
                                                Additional information about these                    Thus, Executive Order 13175 does not                  postpone the effectiveness of such rule
                                              statutes and Executive Orders can be                    apply to this action.                                 or action. This action may not be


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                                              69392            Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations

                                              challenged later in proceedings to                         (C) Previously approved on October                     (385) * * *
                                              enforce its requirements (see section                   31, 1980 in paragraph (c)(50)(v)(A) of                    (i) * * *
                                              307(b)(2)).                                             this section and now deleted with
                                                                                                      replacement in paragraph                                  (B) * * *
                                              List of Subjects in 40 CFR Part 52
                                                                                                      (c)(164)(i)(B)(4) of this section, Rule 240.             (2) Previously approved on May 6,
                                                Environmental protection, Air                         *      *     *     *     *                            2011 in paragraph (c)(385)(i)(B)(1) of
                                              pollution control, Incorporation by                        (124) * * *                                        this section and now deleted with
                                              reference, Intergovernmental relations,                    (ix) * * *                                         replacement in paragraph
                                              Carbon monoxide, Nitrogen dioxide,                         (D) Previously approved on July 31,                (c)(481)(i)(A)(1) of this section, Rule
                                              Ozone, Particulate matter, Sulfur oxides,               1985 in paragraph (c)(124)(ix)(B) of this             130, ‘‘Definitions,’’ amended December
                                              Volatile organic compounds, Reporting                   section and now deleted without                       14, 2010.
                                              and recordkeeping requirements.                         replacement, Rule 130 (introductory                   *      *    *     *      *
                                                  Authority: 42 U.S.C. 7401 et seq.                   text, b1, n1, p5, and s2), and now
                                                                                                                                                              (480) New and amended regulations
                                                                                                      deleted with replacement in paragraphs
                                                Dated: August 5, 2016.                                                                                      for the following AQMD was submitted
                                                                                                      (c)(481)(i)(A)(3) and (4) of this section,
                                              Alexis Strauss,                                                                                               on December 11, 2014 by the Governor’s
                                                                                                      Rules 220(c) and 230.
                                              Acting Regional Administrator, Region IX.                                                                     Designee.
                                                                                                      *      *     *     *     *
                                                Part 52, chapter I, title 40 of the Code                 (156) * * *                                            (i) Incorporation by Reference.
                                              of Federal Regulations is amended as                       (vi) * * *                                           (A) Northern Sonoma County Air
                                              follows:                                                   (B) Previously approved on July 31,                Pollution Control District.
                                                                                                      1985 in paragraph (c)(156)(vi)(A) of this               (1) Rule 130, ‘‘Definitions,’’ adopted
                                              PART 52—[AMENDED]                                       section and now deleted without                       on November 14, 2014.
                                                                                                      replacement, Rule 130 (b2, m1, p3, p3a,
                                              ■ 1. The authority citation for part 52                 and s7), and now deleted with                           (2) Rule 200, ‘‘Permit Requirements,’’
                                              continues to read as follows:                           replacement in paragraph                              adopted on November 14, 2014.
                                                  Authority: 42 U.S.C. 7401 et seq.                   (c)(481)(i)(A)(3) of this section, Chapter              (3) Rule 220, ‘‘New Source Review,’’
                                                                                                      II, 220(B).                                           adopted on November 14, 2014.
                                              Subpart F—California
                                                                                                      *      *     *     *     *                              (4) Rule 230, ‘‘Action on
                                              ■ 2. Section 52.220 is amended by                          (162) * * *                                        Applications,’’ adopted on November
                                              adding paragraphs (c)(6)(xvi)(D),                          (i) * * *                                          14, 2014.
                                              (c)(35)(xvi)(D), (c)(42)(xxi)(B),                          (B) Previously approved on July 31,
                                                                                                      1985 in paragraph (c)(162)(i)(A) of this              § 52.223   [Amended]
                                              (c)(50)(v)(C), (c)(124)(ix)(D),
                                              (c)(156)(vi)(B), (c)(162)(i)(B),                        section and now deleted with
                                                                                                                                                            ■  3. Section 52.223 is amended by
                                              (c)(164)(i)(B)(4) and (5), (c)(165)(i)(A)(2),           replacement in paragraph
                                                                                                                                                            removing and reserving paragraphs
                                              (c)(254)(i)(B)(2), (c)(385)(i)(B)(2), and               (c)(481)(i)(A)(3) of this section, Rule
                                                                                                                                                            (i)(4), (j)(3), (k)(3), (l)(4), (m)(3), (n)(3),
                                              (c)(480)(i)(A) to read as follows:                      220(a).
                                                                                                                                                            and (o)(3).
                                                                                                      *      *     *     *     *
                                              § 52.220    Identification of plan—in part.                (164) * * *                                        § 52.233   [Amended]
                                              *      *    *      *     *                                 (i) * * *
                                                                                                         (B) * * *                                          ■ 4. Section 52.233 is amended by
                                                 (c) * * *
                                                                                                         (4) Rule 240, ‘‘Permit to Operate,’’               removing and reserving paragraph
                                                 (6) * * *
                                                                                                      adopted on February 22, 1984.                         (d)(17).
                                                 (xvi) * * *
                                                 (D) Previously approved on                              (5) Previously approved on April 17,               ■ 5. Section 52.270 is amended by
                                              September 22, 1972 in paragraph (c)(6)                  1987 in paragraph (c)(164)(i)(B)(1) of                revising the first sentence in paragraph
                                              of this section and now deleted without                 this section and now deleted without                  (b)(4) to read as follows:
                                              replacement, Rules 10, 12 and 18.                       replacement, Rule 130 (d1 and s5), and
                                                                                                      now deleted with replacement in                       § 52.270   Significant deterioration of air
                                              *      *    *      *     *                                                                                    quality.
                                                                                                      paragraph (c)(481)(i)(A)(2) of this
                                                 (35) * * *                                           section, Rule 200(a).                                 *     *      *    *    *
                                                 (xvi) * * *
                                                                                                      *      *     *     *     *                              (b) * * *
                                                 (D) Previously approved on August
                                                                                                         (165) * * *
                                              16, 1978 in paragraph (c)(35)(xvi)(B) of                                                                        (4) The PSD program for Northern
                                                                                                         (i) * * *
                                              this section and now deleted without                                                                          Sonoma County Air Pollution Control
                                                                                                         (A) * * *
                                              replacement, Rule 130.                                                                                        District, as incorporated by reference in
                                                                                                         (2) Previously approved on April 17,
                                              *      *    *      *     *                                                                                    § 52.220(c)(481) is approved under Part
                                                                                                      1987 in paragraph (c)(165)(i)(A)(1) of
                                                 (42) * * *                                                                                                 C, Subpart 1, of the Clean Air Act.
                                                                                                      this section and now deleted without
                                                 (xxi) * * *                                                                                                * * *
                                                                                                      replacement, Rule 130 (s4).
                                                 (B) Previously approved on December                                                                        *     *      *    *    *
                                                                                                      *      *     *     *     *
                                              21, 1978 in paragraph (c)(42)(xxi)(A) of                   (254) * * *                                        § 52.283   [Amended]
                                              this section and now deleted with
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                                                                                                         (i) * * *
                                              replacement in paragraph                                   (B) * * *                                          ■ 6. Section 52.283 is amended by
                                              (c)(164)(i)(B)(4) of this section, Rule                    (2) Previously approved on February                removing and reserving paragraphs
                                              240(e).                                                 9, 1999 in paragraph (c)(254)(i)(B)(1) of             (c)(1)(iii), (d)(1)(iii), (e)(2)(iii), (f)(2)(iii),
                                              *      *    *      *     *                              this section and now deleted without                  and (g)(1)(iii).
                                                 (50) * * *                                           replacement, Rule 130.                                [FR Doc. 2016–23851 Filed 10–5–16; 8:45 am]
                                                 (v) * * *                                            *      *     *     *     *                            BILLING CODE 6560–50–P




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Document Created: 2016-10-06 02:38:02
Document Modified: 2016-10-06 02:38:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective on November 7, 2016.
ContactLaura Yannayon, by phone: (415) 972- 3534 or by email at [email protected]
FR Citation81 FR 69390 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Carbon Monoxide; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides; Volatile Organic Compounds and Reporting and Recordkeeping Requirements

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