82_FR_26994 82 FR 26883 - Conditional Approval of Revision to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits

82 FR 26883 - Conditional Approval of Revision to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range26883-26885
FR Document2017-12134

The Environmental Protection Agency (EPA) is proposing action on a revision to the Imperial County Air Pollution Control District (ICAPCD or District) portion of the California State Implementation Plan (SIP). We are proposing a conditional approval of one rule. This rule updates and revises the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26883-26885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12134]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0621; FRL-9962-55-Region 9]


Conditional Approval of Revision to the California State 
Implementation Plan; Imperial County Air Pollution Control District; 
Stationary Sources Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing action 
on a revision to the Imperial County Air Pollution Control District 
(ICAPCD or District) portion of the California State Implementation 
Plan (SIP). We are proposing a conditional approval of one rule. This 
rule updates and revises the District's New Source Review (NSR) 
permitting program for new and modified sources of air pollution. We 
are taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by July 12, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0621 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not 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: Khoi Nguyen, EPA Region IX, (415) 947-
4120, [email protected].

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

Table of Contents

Definitions
I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The word or initials CAA mean or refer to the Clean Air Act, 
unless the context indicates otherwise.
    (ii) The initials CARB mean or refer to the California Air 
Resources Board.
    (iii) The initials CFR mean or refer to Code of Federal 
Regulations.
    (iv) The initials or words EPA, we, us or our mean or refer to the 
United States Environmental Protection Agency.
    (v) The word or initials ICAPCD or District mean or refer to the 
Imperial County Air Pollution Control District, the agency with 
jurisdiction over stationary sources within Imperial County.
    (vi) The initials NSR mean or refer to New Source Review.
    (vii) The initials SIP mean or refer to State Implementation Plan.

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the date that 
it was adopted by ICAPCD and submitted by the California Air Resources 
Board (CARB), which is the governor's designee for California SIP 
submittals.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency                  Rule No.              Rule title        Adopted/revised      Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD........................  207                    New and Modified               10/22/13           1/21/14
                                                        Stationary Source
                                                        Review.
----------------------------------------------------------------------------------------------------------------

    On March 7, 2014, EPA determined that the submittal for ICAPCD Rule 
207 (New and Modified Stationary Source Review) met the completeness 
criteria in 40 CFR part 51 Appendix V. On December 19, 2016, the EPA 
proposed a limited approval and limited disapproval (LA/LD) of Rule 207 
along with a full approval of two rules--Rule 204 (Applications) and 
Rule 206 (Processing of Applications). 81 FR 91895. In a separate 
rulemaking action, we are finalizing our approval of Rules 204 and 206. 
We are not finalizing our proposed LA/LD of Rule 207; instead, we are 
proceeding with this proposed action to conditionally approve Rule 207 
into the SIP.

B. Are there other versions of this rule?

    EPA approved a previous version of Rule 207 into the SIP on 
November 10, 1980 (45 FR 74480). In addition, SIP-approved Rule 209 
(Implementation Plans) and submitted Rule 207, section D.1.a, contain 
substantially similar language. See 45 FR 74480 (November 10, 1980).\1\
---------------------------------------------------------------------------

    \1\ Approval of submitted Rule 207 would supersede our prior 
actions for SIP-approved Rules 207 and 209. We intend to make 
conforming changes to the regulatory text codified in 40 CFR 52.220, 
40 CFR 52.232 and 40 CFR 52.233.

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[[Page 26884]]

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

    Section 110(a) of the Clean Air Act (CAA) requires states to submit 
regulations that include a pre-construction permit program for certain 
new or modified stationary sources of pollutants, including a permit 
program as required by Part D of Title I of the CAA.
    The purpose of District Rule 207 (New and Modified Stationary 
Source Review) is to implement a federal preconstruction permit program 
for new and modified minor sources of regulated NSR pollutants, and new 
and modified major sources of regulated NSR pollutants for which the 
area is designated nonattainment. Imperial County is currently 
designated as a Moderate nonattainment area for the 2008 8-hour ozone 
National Ambient Air Quality Standards (NAAQS).\2\ Portions of the 
county are designated as a Serious nonattainment area for the 1987 24-
hour PM10 NAAQS, and as a Moderate nonattainment area for 
the 2006 24-hour PM2.5 and 2012 annual PM2.5 
NAAQS. We present our evaluation under the CAA and EPA's regulations of 
the revised NSR rule submitted by CARB, as identified in Table 1, and 
provide our reasoning in general terms below and a more detailed 
analysis in our Technical Support Document (TSD), which is available in 
the docket for the proposed rulemaking.
---------------------------------------------------------------------------

    \2\ EPA initially classified Imperial County as Marginal for the 
2008 ozone NAAQS, but reclassified the area to Moderate because it 
failed to attain the standard by the applicable Marginal attainment 
date of July 20, 2015. 81 FR 26697 (May 4, 2016).
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    The submitted rule must meet the CAA's general requirements for 
SIPs and SIP revisions in CAA sections 110(a)(2), 110(l), and 193, as 
well as the applicable requirements contained in part D of title I of 
the Act (sections 172 and 173) for a nonattainment NSR permit program. 
In addition, the submitted rule must contain the applicable regulatory 
provisions of 40 CFR 51.160-51.165 and 40 CFR 51.307.
    Among other things, section 110 of the Act requires that SIP rules 
be enforceable and provides that EPA may not approve a SIP revision if 
it would interfere with any applicable requirements concerning 
attainment and reasonable further progress or any other requirement of 
the CAA. In addition, section 110(a)(2) and section 110(l) of the Act 
require that each SIP or revision to a SIP submitted by a state must be 
adopted after reasonable notice and public hearing.
    Section 110(a)(2)(c) of the Act requires each SIP to include a 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the SIP as necessary to 
assure attainment and maintenance of the NAAQS. EPA's regulations at 40 
CFR 51.160-51.164 provide general programmatic requirements to 
implement this statutory mandate commonly referred to as the ``minor 
NSR'' or ``general NSR'' permit program. These NSR program regulations 
impose requirements for SIP approval of state and local programs that 
are more general in nature as compared to the specific statutory and 
regulatory requirements for nonattainment NSR permitting programs under 
Part D of title I of the Act.
    Part D of title I of the Act contains the general requirements for 
areas designated nonattainment for a NAAQS (section 172), including 
preconstruction permit requirements for new major sources and major 
modifications proposing to construct in nonattainment areas (section 
173).
    Additionally, 40 CFR 51.165 sets forth EPA's regulatory 
requirements for SIP-approval of a nonattainment NSR permit program.
    The protection of visibility requirements that apply to New Source 
Review programs are contained in 40 CFR 51.307. This provision requires 
that certain actions be taken in consultation with the local Federal 
Land Manager if a new major source or major modification may have an 
impact on visibility in any mandatory Class I Federal Area.
    Section 110(l) of the Act prohibits EPA from approving any SIP 
revisions that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. Section 193 of the Act, which 
only applies in nonattainment areas, prohibits the modification of a 
SIP-approved control requirement in effect before November 15, 1990, in 
any manner unless the modification insures equivalent or greater 
emission reductions of such air pollutant.
    Our TSD, which can be found in the docket for this rule, contains a 
more detailed discussion of the approval criteria.

B. Does the rule meet the evaluation criteria?

    Rule 207 satisfies the statutory and regulatory requirements for a 
general NSR permit program as set forth in CAA section 110(a)(2)(c) and 
40 CFR 51.160-51.164, and the statutory and regulatory requirements for 
a nonattainment NSR permit program for moderate ozone and serious 
PM10, nonattainment areas as set forth in the applicable 
provisions of part D of title I of the Act (sections 172 and 173), in 
40 CFR 51.165 and 40 CFR 51.307. For a Moderate PM2.5 
nonattainment area Rule 207 mostly satisfies these same requirements; 
however, we have determined that it does not satisfy the requirements 
of 40 CFR 51.165(a)(13), which requires ammonia to be regulated as a 
PM2.5 precursor. Our TSD contains a more detailed discussion 
of this issue.\3\
---------------------------------------------------------------------------

    \3\ See also, 81 FR 91895 (December 19, 2016).
---------------------------------------------------------------------------

C. Public Comment and Final Action.

    Section 110(k)(4) authorizes the EPA to conditionally approve a 
plan revision based on a commitment by the state to adopt specific 
enforceable measures by a date certain but not later than one year 
after the effective date of the plan approval. In this instance, the 
enforceable measure that the State must submit are revisions to 
regulate ammonia as a PM2.5 precursor. The District 
submitted a letter committing to submit a SIP revision that regulates 
ammonia as a PM2.5 precursor no later than one year from the 
effective of this final action. If the District fails to comply with 
this commitment, this conditional approval will convert to a 
disapproval and start an 18-month clock for sanctions under CAA section 
179(a)(2) and a two-year clock for a federal implementation plan (FIP) 
under CAA section 110(c)(1).
    We will accept comments from the public on the proposed conditional 
approval of Rule 207 for the next 30 days.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the ICAPCD rule listed in Table 1 of this notice. 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).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be

[[Page 26885]]

found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, New Source Review, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12134 Filed 6-9-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                    Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules                                                      26883

                                                      List of Subjects in 29 CFR Parts 405 and                       modified sources of air pollution. We                   Table of Contents
                                                      406                                                            are taking comments on this proposal                    Definitions
                                                        Employers and labor relations                                and plan to follow with a final action.                 I. The State’s Submittal
                                                      consultants, Reporting and                                     DATES: Any comments must arrive by                         A. What rule did the State submit?
                                                      recordkeeping requirements.                                    July 12, 2017.                                             B. Are there other versions of this rule?
                                                                                                                     ADDRESSES: Submit your comments,
                                                                                                                                                                                C. What is the purpose of the submitted
                                                        Accordingly, for the reasons stated                                                                                        rule revision?
                                                      herein, the Secretary proposes to amend                        identified by Docket ID No. EPA–R09–                    II. The EPA’s Evaluation and Action
                                                      parts 405 and 406 of title 29, chapter IV                      OAR–2015–0621 at http://                                   A. How is the EPA evaluating the rule?
                                                      of the Code of Federal Regulations to                          www.regulations.gov, or via email to                       B. Does the rule meet the evaluation
                                                      read as the text at 29 CFR parts 405 and                       R9AirPermits@epa.gov. For comments                            criteria?
                                                      406 (2015).                                                    submitted at Regulations.gov, follow the                   C. Public Comment and Final Action
                                                                                                                     online instructions for submitting                      III. Incorporation by Reference
                                                        Signed in Washington, DC, this 5th day of                                                                            IV. Statutory and Executive Order Reviews
                                                      June, 2017.
                                                                                                                     comments. Once submitted, comments
                                                                                                                     cannot be removed or edited from                        Definitions
                                                      Andrew Auerbach,
                                                                                                                     Regulations.gov. For either manner of
                                                      Deputy Director, Office of Labor-Management                    submission, the EPA may publish any                       For the purpose of this document, we
                                                      Standards.                                                                                                             are giving meaning to certain words or
                                                                                                                     comment received to its public docket.
                                                      [FR Doc. 2017–11983 Filed 6–8–17; 4:15 pm]
                                                                                                                     Do not submit electronically any                        initials as follows:
                                                      BILLING CODE 4510–CP–P                                         information you consider to be                            (i) The word or initials CAA mean or
                                                                                                                     Confidential Business Information (CBI)                 refer to the Clean Air Act, unless the
                                                                                                                     or other information whose disclosure is                context indicates otherwise.
                                                      ENVIRONMENTAL PROTECTION                                       restricted by statute. Multimedia                         (ii) The initials CARB mean or refer to
                                                      AGENCY                                                         submissions (audio, video, etc.) must be                the California Air Resources Board.
                                                                                                                     accompanied by a written comment.                         (iii) The initials CFR mean or refer to
                                                      40 CFR Part 52                                                 The written comment is considered the                   Code of Federal Regulations.
                                                      [EPA–R09–OAR–2015–0621; FRL–9962–55–                           official comment and should include                       (iv) The initials or words EPA, we, us
                                                      Region 9]                                                      discussion of all points you wish to                    or our mean or refer to the United States
                                                                                                                     make. The EPA will generally not                        Environmental Protection Agency.
                                                      Conditional Approval of Revision to                            consider comments or comment                              (v) The word or initials ICAPCD or
                                                      the California State Implementation                            contents located outside of the primary                 District mean or refer to the Imperial
                                                      Plan; Imperial County Air Pollution                            submission (i.e., on the web, cloud, or                 County Air Pollution Control District,
                                                      Control District; Stationary Sources                           other file sharing system). For                         the agency with jurisdiction over
                                                      Permits                                                        additional submission methods, please                   stationary sources within Imperial
                                                                                                                     contact the person identified in the FOR                County.
                                                      AGENCY:  Environmental Protection
                                                                                                                     FURTHER INFORMATION CONTACT section.                      (vi) The initials NSR mean or refer to
                                                      Agency (EPA).
                                                                                                                     For the full EPA public comment policy,                 New Source Review.
                                                      ACTION: Proposed rule.                                         information about CBI or multimedia                       (vii) The initials SIP mean or refer to
                                                      SUMMARY:   The Environmental Protection                        submissions, and general guidance on                    State Implementation Plan.
                                                      Agency (EPA) is proposing action on a                          making effective comments, please visit
                                                                                                                                                                             I. The State’s Submittal
                                                      revision to the Imperial County Air                            http://www2.epa.gov/dockets/
                                                      Pollution Control District (ICAPCD or                          commenting-epa-dockets.                                 A. What rule did the State submit?
                                                      District) portion of the California State                      FOR FURTHER INFORMATION CONTACT:                          Table 1 lists the rule addressed by this
                                                      Implementation Plan (SIP). We are                              Khoi Nguyen, EPA Region IX, (415)                       action with the date that it was adopted
                                                      proposing a conditional approval of one                        947–4120, nguyen.thien@epa.gov.                         by ICAPCD and submitted by the
                                                      rule. This rule updates and revises the                        SUPPLEMENTARY INFORMATION:                              California Air Resources Board (CARB),
                                                      District’s New Source Review (NSR)                             Throughout this document, ‘‘we,’’ ‘‘us,’’               which is the governor’s designee for
                                                      permitting program for new and                                 and ‘‘our’’ refer to the EPA.                           California SIP submittals.

                                                                                                                             TABLE 1—SUBMITTED RULE
                                                                Local agency                         Rule No.                                     Rule title                            Adopted/revised          Submitted

                                                      ICAPCD ...............................   207                    New and Modified Stationary Source Review ................                 10/22/13               1/21/14



                                                        On March 7, 2014, EPA determined                             we are finalizing our approval of Rules                 D.1.a, contain substantially similar
                                                      that the submittal for ICAPCD Rule 207                         204 and 206. We are not finalizing our                  language. See 45 FR 74480 (November
                                                      (New and Modified Stationary Source                            proposed LA/LD of Rule 207; instead,                    10, 1980).1
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      Review) met the completeness criteria                          we are proceeding with this proposed
                                                      in 40 CFR part 51 Appendix V. On                               action to conditionally approve Rule
                                                      December 19, 2016, the EPA proposed a                          207 into the SIP.
                                                      limited approval and limited                                   B. Are there other versions of this rule?
                                                      disapproval (LA/LD) of Rule 207 along
                                                                                                                       EPA approved a previous version of
                                                      with a full approval of two rules—Rule                         Rule 207 into the SIP on November 10,
                                                                                                                                                                               1 Approval of submitted Rule 207 would

                                                      204 (Applications) and Rule 206                                                                                        supersede our prior actions for SIP-approved Rules
                                                                                                                     1980 (45 FR 74480). In addition, SIP-                   207 and 209. We intend to make conforming
                                                      (Processing of Applications). 81 FR                            approved Rule 209 (Implementation                       changes to the regulatory text codified in 40 CFR
                                                      91895. In a separate rulemaking action,                        Plans) and submitted Rule 207, section                  52.220, 40 CFR 52.232 and 40 CFR 52.233.



                                                 VerDate Sep<11>2014      16:49 Jun 09, 2017    Jkt 241001      PO 00000   Frm 00025   Fmt 4702   Sfmt 4702    E:\FR\FM\12JNP1.SGM   12JNP1


                                                      26884                    Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules

                                                      C. What is the purpose of the submitted                 adopted after reasonable notice and                    section 110(a)(2)(c) and 40 CFR 51.160–
                                                      rule revision?                                          public hearing.                                        51.164, and the statutory and regulatory
                                                         Section 110(a) of the Clean Air Act                    Section 110(a)(2)(c) of the Act                      requirements for a nonattainment NSR
                                                      (CAA) requires states to submit                         requires each SIP to include a permit                  permit program for moderate ozone and
                                                      regulations that include a pre-                         program to regulate the modification                   serious PM10, nonattainment areas as set
                                                      construction permit program for certain                 and construction of any stationary                     forth in the applicable provisions of part
                                                      new or modified stationary sources of                   source within the areas covered by the                 D of title I of the Act (sections 172 and
                                                      pollutants, including a permit program                  SIP as necessary to assure attainment                  173), in 40 CFR 51.165 and 40 CFR
                                                      as required by Part D of Title I of the                 and maintenance of the NAAQS. EPA’s                    51.307. For a Moderate PM2.5
                                                      CAA.                                                    regulations at 40 CFR 51.160–51.164                    nonattainment area Rule 207 mostly
                                                         The purpose of District Rule 207 (New                provide general programmatic                           satisfies these same requirements;
                                                      and Modified Stationary Source Review)                  requirements to implement this                         however, we have determined that it
                                                      is to implement a federal                               statutory mandate commonly referred to                 does not satisfy the requirements of 40
                                                      preconstruction permit program for new                  as the ‘‘minor NSR’’ or ‘‘general NSR’’                CFR 51.165(a)(13), which requires
                                                      and modified minor sources of regulated                 permit program. These NSR program                      ammonia to be regulated as a PM2.5
                                                      NSR pollutants, and new and modified                    regulations impose requirements for SIP                precursor. Our TSD contains a more
                                                      major sources of regulated NSR                          approval of state and local programs                   detailed discussion of this issue.3
                                                      pollutants for which the area is                        that are more general in nature as
                                                                                                              compared to the specific statutory and                 C. Public Comment and Final Action.
                                                      designated nonattainment. Imperial
                                                      County is currently designated as a                     regulatory requirements for                               Section 110(k)(4) authorizes the EPA
                                                      Moderate nonattainment area for the                     nonattainment NSR permitting                           to conditionally approve a plan revision
                                                      2008 8-hour ozone National Ambient                      programs under Part D of title I of the                based on a commitment by the state to
                                                      Air Quality Standards (NAAQS).2                         Act.                                                   adopt specific enforceable measures by
                                                      Portions of the county are designated as                  Part D of title I of the Act contains the            a date certain but not later than one year
                                                      a Serious nonattainment area for the                    general requirements for areas                         after the effective date of the plan
                                                      1987 24-hour PM10 NAAQS, and as a                       designated nonattainment for a NAAQS                   approval. In this instance, the
                                                      Moderate nonattainment area for the                     (section 172), including preconstruction               enforceable measure that the State must
                                                      2006 24-hour PM2.5 and 2012 annual                      permit requirements for new major                      submit are revisions to regulate
                                                      PM2.5 NAAQS. We present our                             sources and major modifications                        ammonia as a PM2.5 precursor. The
                                                      evaluation under the CAA and EPA’s                      proposing to construct in nonattainment                District submitted a letter committing to
                                                      regulations of the revised NSR rule                     areas (section 173).                                   submit a SIP revision that regulates
                                                      submitted by CARB, as identified in                       Additionally, 40 CFR 51.165 sets forth               ammonia as a PM2.5 precursor no later
                                                      Table 1, and provide our reasoning in                   EPA’s regulatory requirements for SIP-                 than one year from the effective of this
                                                      general terms below and a more detailed                 approval of a nonattainment NSR permit                 final action. If the District fails to
                                                      analysis in our Technical Support                       program.                                               comply with this commitment, this
                                                                                                                The protection of visibility                         conditional approval will convert to a
                                                      Document (TSD), which is available in
                                                                                                              requirements that apply to New Source                  disapproval and start an 18-month clock
                                                      the docket for the proposed rulemaking.
                                                                                                              Review programs are contained in 40                    for sanctions under CAA section
                                                      II. The EPA’s Evaluation and Action                     CFR 51.307. This provision requires that               179(a)(2) and a two-year clock for a
                                                                                                              certain actions be taken in consultation               federal implementation plan (FIP) under
                                                      A. How is the EPA evaluating the rule?
                                                                                                              with the local Federal Land Manager if                 CAA section 110(c)(1).
                                                        The submitted rule must meet the                      a new major source or major
                                                      CAA’s general requirements for SIPs                                                                               We will accept comments from the
                                                                                                              modification may have an impact on
                                                      and SIP revisions in CAA sections                                                                              public on the proposed conditional
                                                                                                              visibility in any mandatory Class I
                                                      110(a)(2), 110(l), and 193, as well as the                                                                     approval of Rule 207 for the next 30
                                                                                                              Federal Area.
                                                      applicable requirements contained in                      Section 110(l) of the Act prohibits                  days.
                                                      part D of title I of the Act (sections 172              EPA from approving any SIP revisions                   III. Incorporation by Reference
                                                      and 173) for a nonattainment NSR                        that would interfere with any applicable
                                                      permit program. In addition, the                        requirement concerning attainment and                    In this rule, the EPA is proposing to
                                                      submitted rule must contain the                         reasonable further progress (RFP) or any               include in a final EPA rule regulatory
                                                      applicable regulatory provisions of 40                  other applicable requirement of the                    text that includes incorporation by
                                                      CFR 51.160–51.165 and 40 CFR 51.307.                    CAA. Section 193 of the Act, which                     reference. In accordance with
                                                        Among other things, section 110 of                    only applies in nonattainment areas,                   requirements of 1 CFR 51.5, the EPA is
                                                      the Act requires that SIP rules be                      prohibits the modification of a SIP-                   proposing to incorporate by reference
                                                      enforceable and provides that EPA may                   approved control requirement in effect                 the ICAPCD rule listed in Table 1 of this
                                                      not approve a SIP revision if it would                  before November 15, 1990, in any                       notice. The EPA has made, and will
                                                      interfere with any applicable                           manner unless the modification insures                 continue to make, these documents
                                                      requirements concerning attainment and                  equivalent or greater emission                         available through www.regulations.gov
                                                      reasonable further progress or any other                reductions of such air pollutant.                      and at the EPA Region IX Office (please
                                                      requirement of the CAA. In addition,                                                                           contact the person identified in the FOR
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                Our TSD, which can be found in the
                                                      section 110(a)(2) and section 110(l) of                 docket for this rule, contains a more                  FURTHER INFORMATION CONTACT section of
                                                      the Act require that each SIP or revision               detailed discussion of the approval                    this preamble for more information).
                                                      to a SIP submitted by a state must be                   criteria.                                              IV. Statutory and Executive Order
                                                         2 EPA initially classified Imperial County as        B. Does the rule meet the evaluation                   Reviews
                                                      Marginal for the 2008 ozone NAAQS, but                  criteria?                                                Additional information about these
                                                      reclassified the area to Moderate because it failed                                                            statutes and Executive Orders can be
                                                      to attain the standard by the applicable Marginal
                                                                                                                Rule 207 satisfies the statutory and
                                                      attainment date of July 20, 2015. 81 FR 26697 (May      regulatory requirements for a general
                                                      4, 2016).                                               NSR permit program as set forth in CAA                   3 See   also, 81 FR 91895 (December 19, 2016).



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                                                                               Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules                                             26885

                                                      found at http://www2.epa.gov/laws-                      G. Executive Order 13045: Protection of                DEPARTMENT OF HEALTH AND
                                                      regulations/laws-and-executive-orders.                  Children From Environmental Health                     HUMAN SERVICES
                                                                                                              Risks and Safety Risks
                                                      A. Executive Order 12866: Regulatory                                                                           Centers for Medicare & Medicaid
                                                      Planning and Review and Executive                         The EPA interprets Executive Order                   Services
                                                      Order 13563: Improving Regulation and                   13045 as applying only to those
                                                      Regulatory Review                                       regulatory actions that concern                        42 CFR Chapter IV
                                                        This action is not a significant                      environmental health or safety risks that
                                                      regulatory action and was therefore not                 the EPA has reason to believe may                      Office of the Secretary
                                                      submitted to the Office of Management                   disproportionately affect children, per
                                                                                                              the definition of ‘‘covered regulatory                 45 CFR Subtitle A
                                                      and Budget (OMB) for review.
                                                                                                              action’’ in section 2–202 of the
                                                      B. Paperwork Reduction Act (PRA)                                                                               [CMS–9928–NC]
                                                                                                              Executive Order. This action is not
                                                                                                              subject to Executive Order 13045                       RIN 0938–ZB39
                                                        This action does not impose an
                                                                                                              because it does not impose additional
                                                      information collection burden under the                                                                        Reducing Regulatory Burdens
                                                                                                              requirements beyond those imposed by
                                                      PRA because this action does not                                                                               Imposed by the Patient Protection and
                                                      impose additional requirements beyond                   state law.
                                                                                                                                                                     Affordable Care Act & Improving
                                                      those imposed by state law.                             H. Executive Order 13211: Actions That                 Healthcare Choices To Empower
                                                      C. Regulatory Flexibility Act (RFA)                     Significantly Affect Energy Supply,                    Patients
                                                                                                              Distribution, or Use
                                                         I certify that this action will not have                                                                    AGENCY:  Centers for Medicare &
                                                      a significant economic impact on a                        This action is not subject to Executive              Medicaid Services (CMS), HHS.
                                                      substantial number of small entities                    Order 13211, because it is not a                       ACTION: Request for information.
                                                      under the RFA. This action will not                     significant regulatory action under
                                                      impose any requirements on small                        Executive Order 12866.                                 SUMMARY:   The Department of Health and
                                                                                                                                                                     Human Services (HHS) is actively
                                                      entities beyond those imposed by state                  I. National Technology Transfer and                    working to reduce regulatory burdens
                                                      law.                                                    Advancement Act (NTTAA)                                and improve health insurance options
                                                      D. Unfunded Mandates Reform Act                                                                                under Title I of the Patient Protection
                                                                                                                Section 12(d) of the NTTAA directs
                                                      (UMRA)                                                                                                         and Affordable Care Act. Executive
                                                                                                              the EPA to use voluntary consensus                     Order 13765, ‘‘Minimizing the
                                                        This action does not contain any                      standards in its regulatory activities                 Economic Burden of the Patient
                                                      unfunded mandate as described in                        unless to do so would be inconsistent                  Protection and Affordable Care Act
                                                      UMRA, 2 U.S.C. 1531–1538, and does                      with applicable law or otherwise                       Pending Repeal,’’ directs the Secretary
                                                      not significantly or uniquely affect small              impractical. The EPA believes that this                of Health and Human Services to
                                                      governments. This action does not                       action is not subject to the requirements              achieve these aims. HHS seeks comment
                                                      impose additional requirements beyond                   of section 12(d) of the NTTAA because                  from interested parties to inform its
                                                      those imposed by state law.                             application of those requirements would                ongoing efforts to create a more patient-
                                                      Accordingly, no additional costs to                     be inconsistent with the CAA.                          centered health care system that adheres
                                                      State, local, or tribal governments, or to                                                                     to the key principles of affordability,
                                                      the private sector, will result from this               J. Executive Order 12898: Federal
                                                                                                                                                                     accessibility, quality, innovation, and
                                                      action.                                                 Actions To Address Environmental
                                                                                                                                                                     empowerment.
                                                                                                              Justice in Minority Populations and
                                                      E. Executive Order 13132: Federalism                    Low-Income Population                                  DATES:   Comments must be submitted on
                                                                                                                                                                     or before July 12, 2017.
                                                        This action does not have federalism                    The EPA lacks the discretionary                      ADDRESSES: You may submit comments
                                                      implications. It will not have substantial              authority to address environmental                     in one of three ways (please choose only
                                                      direct effects on the states, on the                    justice in this rulemaking.                            one of the ways listed):
                                                      relationship between the national                                                                                 1. Electronically. You may submit
                                                      government and the states, or on the                    List of Subjects in 40 CFR Part 52
                                                                                                                                                                     electronic comments to http://
                                                      distribution of power and                                                                                      www.regulations.gov. Follow the
                                                                                                                Environmental protection, Air
                                                      responsibilities among the various                                                                             ‘‘Submit a comment’’ instructions.
                                                                                                              pollution control, Incorporation by
                                                      levels of government.                                                                                             2. By regular mail. You may mail
                                                                                                              reference, Intergovernmental relations,
                                                      F. Executive Order 13175: Coordination                  New Source Review, Ozone, Particulate                  written comments to the following
                                                      With Indian Tribal Governments                          matter, Reporting and recordkeeping                    address ONLY: Centers for Medicare &
                                                                                                              requirements, Volatile organic                         Medicaid Services, Department of
                                                        This action does not have tribal                      compounds.                                             Health and Human Services, Attention:
                                                      implications, as specified in Executive                                                                        CMS–9928–NC, P.O. Box 8016,
                                                      Order 13175, because the SIP is not                       Authority: 42 U.S.C. 7401 et seq.                    Baltimore, MD 21244–8016.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      approved to apply on any Indian                           Dated: May 19, 2017.                                    Please allow sufficient time for mailed
                                                      reservation land or in any other area                   Alexis Strauss,                                        comments to be received before the
                                                      where the EPA or an Indian tribe has                    Acting Regional Administrator, Region IX.
                                                                                                                                                                     close of the comment period.
                                                      demonstrated that a tribe has                                                                                     3. By express or overnight mail. You
                                                                                                              [FR Doc. 2017–12134 Filed 6–9–17; 8:45 am]
                                                      jurisdiction, and will not impose                                                                              may send written comments to the
                                                      substantial direct costs on tribal                      BILLING CODE 6560–50–P                                 following address ONLY: Centers for
                                                      governments or preempt tribal law.                                                                             Medicare & Medicaid Services,
                                                      Thus, Executive Order 13175 does not                                                                           Department of Health and Human
                                                      apply to this action.                                                                                          Services, Attention: CMS–9928–NC,


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Document Created: 2017-06-10 01:40:42
Document Modified: 2017-06-10 01:40:42
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 July 12, 2017.
ContactKhoi Nguyen, EPA Region IX, (415) 947- 4120, [email protected]
FR Citation82 FR 26883 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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