82 FR 13243 - Approval of California Air Plan Revisions, Ventura County Air Pollution Control District; Prevention of Significant Deterioration
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 46 (March 10, 2017)
Federal Register Volume 82, Issue 46 (March 10, 2017)
| Page Range | 13243-13245 | |
| FR Document | 2017-04680 |
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)] [Rules and Regulations] [Pages 13243-13245] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04680] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0305; FRL-9956-52-Region 9] Approval of California Air Plan Revisions, Ventura County Air Pollution Control District; Prevention of Significant Deterioration AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action 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. We are approving SIP revisions that 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. DATES: This rule will be effective on April 10, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0305. 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: 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. Proposed Action II. Public Comments and EPA Responses III. EPA's Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action Table 1 lists the two VCAPCD rules addressed by our proposed action and this final action. On September 23, 2016, the EPA proposed to approve VCAPCD Rule 26.13 into the California SIP and to remove VCAPCD Rule 26.10 from the California SIP. (See 81 FR 65595.) Table 1 ------------------------------------------------------------------------ Rule No. Rule title Action ------------------------------------------------------------------------ 26.10........................ New Source Review-- Remove. Prevention of Significant Deterioration. 26.13........................ New Source Review-- Approve. Prevention of Significant Deterioration (PSD). ------------------------------------------------------------------------ We proposed these actions because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. [[Page 13244]] II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA's Final Action No comments were submitted on the EPA's proposed action. Therefore, as authorized by section 110(k)(3) of the Act, the EPA is approving VCAPCD Rule 26.13 into the California SIP and removing VCAPCD Rule 26.10 from the California SIP, consistent with our proposed action. This SIP revision will be codified in 40 CFR 52.220 by incorporating by reference Rule 26.13 as listed in Table 1 and deleting without replacement Rule 26.10 as listed in Table 1. We are also revising 40 CFR 52.270 to reflect that upon the effective date of this final rule, the VCAPCD will have a SIP-approved PSD program and will no longer be subject to the Federal Implementation Plan (FIP) at 40 CFR 52.21 for the PSD program. This SIP revision provides a federally approved and enforceable mechanism for the VCAPCD to issue pre- construction PSD permits for certain new and modified major stationary sources subject to PSD review within the District. As discussed in our proposal, the VCAPCD requested approval to exercise its authority to administer the PSD program with respect to those sources located in the District that have existing PSD permits issued by the EPA, including 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. Pursuant to the criteria in section 110(a)(2)(E)(i) of the CAA, we have determined that the VCAPCD has the authority, personnel, and funding to implement the PSD program within the District for existing EPA-issued PSD permits and therefore are transferring authority for such permits to the VCAPCD concurrent with the effective date of our approval of the VCAPCD's PSD program into the SIP. Our revisions to 40 CFR 52.270 will reflect this transfer of authority for existing PSD permits. The EPA intends to provide a copy of each such permit to the VCAPCD. IV. 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 VCAPCD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. [[Page 13245]] Dated: December 2, 2016. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(255)(i)(G)(2) and (c)(474)(i)(D) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (255) * * * (i) * * * (G) * * * (2) Previously approved on December 7, 2000, in paragraph (c)(255)(i)(G)(1) of this section and now deleted without replacement Rule 26.10. * * * * * (474) * * * (i) * * * (D) Ventura County Air Pollution Control District. (1) Rule 26.13, ``New Source Review--Prevention of Significant Deterioration (PSD),'' revised on November 10, 2015. * * * * * 0 3. Section 52.270 is amended by adding paragraph (b)(17) to read as follows: Sec. 52.270 Significant deterioration of air quality. * * * * * (b) * * * (17) The PSD program for the Ventura County Air Pollution Control District (VCAPCD), as incorporated by reference in Sec. 52.220(c)(474)(i)(D)(1), is approved under part C, subpart 1, of the Clean Air Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21 to sources located in the VCAPCD, this approval includes the authority for the VCAPCD to conduct general administration of these existing permits, authority to process and issue any and all subsequent permit actions relating to such permits, and authority to enforce such permits. [FR Doc. 2017-04680 Filed 3-9-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations 13243
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or State submittal EPA approval
Name of SIP provision Explanation
nonattainment date date
area
Air Quality Implementation Plan for the State of Nevada 1
* * * * * * *
2012 Revision to the Ne- Nevada portion of Lake 4/3/2012 [Insert Federal Reg- Adopted on 4/3/2012. Approval excludes sec-
vada State Implemen- Tahoe Basin—por- ister citation] 3/10/ tions 3.2.4 and 4. With 2016 supplement, ful-
tation Plan for Carbon tions of Carson City, 2017). fills requirement for second ten-year mainte-
Monoxide, April 2012. Douglas and Washoe nance plan.
counties.
2016 Supplement to Ne- Nevada portion of Lake 8/26/2016 [Insert Federal Reg- Adopted on 8/26/2016. Approval includes re-
vada’s 2nd 10-Year Tahoe Basin—por- ister citation] (3/10/ vised sections 3.2.4 and 4 (alternative CO
CO Limited Mainte- tions of Carson City, 2017). monitoring strategy and contingency plan),
nance Plan at Lake Douglas and Washoe 2011 emissions inventory and 2024 projected
Tahoe, August 26, counties. emissions inventory (Attachment A), evidence
2016. of public participation (Attachment B) and re-
vised table of contents for 2012 submittal (At-
tachment F). Excludes Attachments C, D and
E.
* * * * * * *
* * * * * * *
1 Theorganization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
[FR Doc. 2017–04771 Filed 3–9–17; 8:45 am] to adopt and implement a SIP-approved www.regulations.gov, or please contact
BILLING CODE 6560–50–P Prevention of Significant Deterioration the person identified in the FOR FURTHER
(PSD) permit program. We are INFORMATION CONTACT section for
approving SIP revisions that would additional availability information.
ENVIRONMENTAL PROTECTION incorporate a PSD rule for the VCAPCD FOR FURTHER INFORMATION CONTACT: Ya-
AGENCY into the SIP to establish a PSD permit Ting (Sheila) Tsai, EPA Region IX, (415)
program for pre-construction review of 972–3328, Tsai.Ya-Ting@epa.gov.
40 CFR Part 52 certain new and modified major
stationary sources in attainment and SUPPLEMENTARY INFORMATION:
[EPA–R09–OAR–2016–0305; FRL–9956–52–
Region 9] unclassifiable areas within the District. Throughout this document, ‘‘we,’’ ‘‘us’’
DATES: This rule will be effective on
and ‘‘our’’ refer to the EPA.
Approval of California Air Plan April 10, 2017. Table of Contents
Revisions, Ventura County Air ADDRESSES: The EPA has established a
Pollution Control District; Prevention I. Proposed Action
docket for this action under Docket ID II. Public Comments and EPA Responses
of Significant Deterioration No. EPA–R09–OAR–2016–0305. All III. EPA’s Final Action
AGENCY: Environmental Protection documents in the docket are listed on IV. Incorporation by Reference
Agency (EPA). the http://www.regulations.gov Web V. Statutory and Executive Order Reviews
ACTION: Final rule. site. Although listed in the index, some
I. Proposed Action
information is not publicly available,
SUMMARY: The Environmental Protection e.g., CBI or other information whose Table 1 lists the two VCAPCD rules
Agency (EPA) is taking final action to disclosure is restricted by statute. addressed by our proposed action and
approve revisions to the Ventura County Certain other material, such as this final action. On September 23,
Air Pollution Control District (VCAPCD copyrighted material, is not placed on 2016, the EPA proposed to approve
or District) portion of the California the Internet and will be publicly VCAPCD Rule 26.13 into the California
State Implementation Plan (SIP). The available only in hard copy form. SIP and to remove VCAPCD Rule 26.10
State of California (State) is required Publicly available docket materials are from the California SIP. (See 81 FR
under the Clean Air Act (CAA or Act) available through http:// 65595.)
TABLE 1
Rule No. Rule title Action
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26.10 ............................... New Source Review—Prevention of Significant Deterioration ............................................................................................ Remove.
26.13 ............................... New Source Review—Prevention of Significant Deterioration (PSD) ................................................................................. Approve.
We proposed these actions because the relevant CAA requirements. Our information on the rules and our
we determined that they complied with proposed action contains more evaluation.
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![Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations 13245
Dated: December 2, 2016. ENVIRONMENTAL PROTECTION I. General Information
Deborah Jordan, AGENCY A. Does this action apply to me?
Acting Regional Administrator, Region IX.
40 CFR Part 180 You may be potentially affected by
Part 52, Chapter I, Title 40 of the Code this action if you are an agricultural
of Federal Regulations is amended as producer, food manufacturer, or
follows: [EPA–HQ–OPP–2016–0539; FRL–9959–19]
pesticide manufacturer. The following
PART 52—APPROVAL AND Oxytetracycline; Pesticide Tolerances list of North American Industrial
PROMULGATION OF for Emergency Exemptions Classification System (NAICS) codes is
IMPLEMENTATION PLANS not intended to be exhaustive, but rather
AGENCY: Environmental Protection provides a guide to help readers
Agency (EPA). determine whether this document
■ 1. The authority citation for Part 52
continues to read as follows: ACTION: Final rule. applies to them. Potentially affected
entities may include:
Authority: 42 U.S.C. 7401 et seq.
SUMMARY: This regulation establishes a • Crop production (NAICS code 111).
Subpart F—California time-limited tolerance for residues of • Animal production (NAICS code
oxytetracycline in or on fruit, citrus, 112).
■ 2. Section 52.220 is amended by group 10–10. This action is in response • Food manufacturing (NAICS code
adding paragraphs (c)(255)(i)(G)(2) and to EPA’s granting of an emergency 311).
(c)(474)(i)(D) to read as follows: exemption under the Federal • Pesticide manufacturing (NAICS
Insecticide, Fungicide, and Rodenticide code 32532).
§ 52.220 Identification of plan—in part. Act (FIFRA) authorizing use of the
* * * * * B. How can I get electronic access to
pesticide in citrus production. This
other related information?
(c) * * * regulation establishes a maximum
(255) * * * permissible level for residues of You may access a frequently updated
(i) * * * oxytetracycline in or on the electronic version of 40 CFR part 180
(G) * * * commodities in this crop group. The through the Government Printing
time-limited tolerance expires on Office’s e-CFR site at http://
(2) Previously approved on December www.ecfr.gov/cgi-bin/text-
December 31, 2019.
7, 2000, in paragraph (c)(255)(i)(G)(1) of idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
this section and now deleted without DATES: This regulation is effective
40tab_02.tpl.
replacement Rule 26.10. March 10, 2017. Objections and requests
* * * * * for hearings must be received on or C. How can I file an objection or hearing
(474) * * * before May 9, 2017, and must be filed request?
in accordance with the instructions
(i) * * * Under section 408(g) of the Federal
provided in 40 CFR part 178 (see also
(D) Ventura County Air Pollution Food, Drug, and Cosmetic Act (FFDCA),
Unit I.C. of the SUPPLEMENTARY
Control District. 21 U.S.C. 346a, any person may file an
INFORMATION).
(1) Rule 26.13, ‘‘New Source objection to any aspect of this regulation
Review—Prevention of Significant ADDRESSES: The docket for this action, and may also request a hearing on those
Deterioration (PSD),’’ revised on identified by docket identification (ID) objections. You must file your objection
November 10, 2015. number EPA–HQ–OPP–2016–0539, is or request a hearing on this regulation
available at http://www.regulations.gov in accordance with the instructions
* * * * *
or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure
■ 3. Section 52.270 is amended by proper receipt by EPA, you must
Regulatory Public Docket (OPP Docket)
adding paragraph (b)(17) to read as in the Environmental Protection Agency identify docket ID number EPA–HQ–
follows: Docket Center (EPA/DC), West William OPP–2016–0539 in the subject line on
§ 52.270 Significant deterioration of air Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All
quality. Constitution Ave. NW., Washington, DC objections and requests for a hearing
20460–0001. The Public Reading Room must be in writing, and must be
* * * * *
is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or
(b) * * * before May 9, 2017. Addresses for mail
Monday through Friday, excluding legal
(17) The PSD program for the Ventura holidays. The telephone number for the and hand delivery of objections and
County Air Pollution Control District Public Reading Room is (202) 566–1744, hearing requests are provided in 40 CFR
(VCAPCD), as incorporated by reference and the telephone number for the OPP 178.25(b).
in § 52.220(c)(474)(i)(D)(1), is approved Docket is (703) 305–5805. Please review In addition to filing an objection or
under part C, subpart 1, of the Clean Air the visitor instructions and additional hearing request with the Hearing Clerk
Act. For PSD permits previously issued information about the docket available as described in 40 CFR part 178, please
by EPA pursuant to § 52.21 to sources at http://www.epa.gov/dockets. submit a copy of the filing (excluding
located in the VCAPCD, this approval any Confidential Business Information
includes the authority for the VCAPCD FOR FURTHER INFORMATION CONTACT:
(CBI)) for inclusion in the public docket.
to conduct general administration of Michael L. Goodis, Registration Division Information not marked confidential
pmangrum on DSK3GDR082PROD with RULES
these existing permits, authority to (7505P), Office of Pesticide Programs, pursuant to 40 CFR part 2 may be
process and issue any and all Environmental Protection Agency, 1200 disclosed publicly by EPA without prior
subsequent permit actions relating to Pennsylvania Ave. NW., Washington, notice. Submit the non-CBI copy of your
such permits, and authority to enforce DC 20460–0001; main telephone objection or hearing request, identified
such permits. number: (703) 305–7090; email address: by docket ID number EPA–HQ–OPP–
[FR Doc. 2017–04680 Filed 3–9–17; 8:45 am] RDFRNotices@epa.gov. 2016–0539, by one of the following
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: methods:
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Document Created: 2018-02-01 14:52:36
Document Modified: 2018-02-01 14:52:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on April 10, 2017. | |
| Contact | Ya-Ting (Sheila) Tsai, EPA Region IX, (415) 972-3328, [email protected] | |
| FR Citation | 82 FR 13243 | |
| CFR Associated | 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 and Volatile Organic Compounds |
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