82 FR 27125 - Revisions to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 113 (June 14, 2017)
Federal Register Volume 82, Issue 113 (June 14, 2017)
| Page Range | 27125-27127 | |
| FR Document | 2017-12235 |
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)] [Rules and Regulations] [Pages 27125-27127] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12235] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0621; FRL-9962-57-Region 9] Revisions to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing action on revisions to the Imperial County Air Pollution Control District (ICAPCD or District) portion of the California State Implementation Plan (SIP). We are finalizing full approval of two rules. Both rules update and revise the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are also finalizing a technical correction to a previous action that will remove one rule from the SIP. DATES: This rule will be effective on July 14, 2017. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R09-OAR-2015-0621. All documents in the docket are listed on the http://www.regulations.gov Web site. Although it may be listed in the index, some information is not publicly available, e.g., Confidential Business Information (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: Thien Khoi Nguyen, EPA Region IX, (415) 947-4120, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents Definitions I. Proposed Action II. EPA 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. Proposed Action On December 19, 2016, the EPA proposed a full approval of two rules and a limited approval and limited disapproval (LA/LD) of one rule (as noted in Table 1) submitted by CARB for incorporation into the ICAPCD portion of the California SIP. 81 FR 91895. Table 1 also lists the dates the rules were adopted by ICAPCD and submitted by CARB, which is the governor's designee for California SIP submittals. Table 1--Submitted NSR Rules ---------------------------------------------------------------------------------------------------------------- Adopted/ Rule # Rule title revised Submitted Proposed action ---------------------------------------------------------------------------------------------------------------- 204.............................. Applications............ 9/14/99 05/26/00 Full Approval. 206.............................. Processing of 10/22/13 02/10/14 Full Approval. Applications. 207.............................. New and Modified 10/22/13 1/21/14 LA/LD. Stationary Source Review. ---------------------------------------------------------------------------------------------------------------- [[Page 27126]] The EPA proposed to approve Rules 204 and 206 as part of ICAPCD's NSR permitting program because we determined that these rules meet the statutory requirements for SIP revisions as specified in sections 110(l) and 193 of the CAA. Rules 204 and 206, together with Rule 207, satisfy the substantive statutory and regulatory requirements for a NSR permit program as contained in CAA section 110(a)(2)(c) and 40 CFR 51.160-51.164. We also proposed a limited approval and limited disapproval of Rule 207. We do not intend to finalize that proposed action. Instead, we intend to take a new rulemaking action to conditionally approve Rule 207 into the Imperial County portion of the California SIP. We also proposed to remove Rule 103 (Exemptions) as a technical correction to a previous action approving Rule 202 (Exemptions) into the ICAPCD portion of the California SIP, which superseded and replaced Rule 103. 76 FR 26615 (May 9, 2011). II. EPA Action The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. Therefore, as authorized by CAA section 110(k)(3) and 301(a), the EPA is finalizing approval of Rule 204 (Applications) and Rule 206 (Processing of Applications) into the ICAPCD portion of the California SIP. This action will incorporate the submitted rules into the SIP. In this action we are also finalizing a technical correction to our previous action approving Rule 202 into the ICAPCD portion of the California SIP.\1\ In that action, our approval of Rule 202 into the SIP superseded and replaced Rule 103, which EPA had previously approved on May 31, 1972 (37 FR 10832), but we failed to include the necessary regulatory text to effect this change. This final action includes the necessary regulatory text to remove Rule 103 from the California SIP. We did not seek public comment on this technical correction because public participation requirements were satisfied as part of our action approving Rule 202 into the SIP. In the proposed action, we also proposed a limited approval and limited disapproval of Rule 207 (New and Modified Stationary Source Review). We do not intend to finalize that proposed action. Instead, we intend to take a new rulemaking action to conditionally approve Rule 207 into the Imperial County portion of the California SIP. --------------------------------------------------------------------------- \1\ 76 FR 26615 (May 9, 2011). --------------------------------------------------------------------------- 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 ICAPCD rules listed in Table 1 of this document. The EPA has made, and will continue to make, these rules 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. [[Page 27127]] 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 August 14, 2017. 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 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, 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. 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 (b)(14)(ii), (c)(279)(i)(A)(15) and (16), and (c)(442)(i)(A)(4) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (b) * * * (14) * * * (ii) Previously approved on May 31, 1972 in paragraph (b)(14) of this section and now deleted with replacement in paragraph (c)(351)(i)(A)(4) of this section, Rule 103. * * * * * (c) * * * (279) * * * (i) * * * (A) * * * (15) Rule 204, ``Applications,'' revised on September 14, 1999. (16) Previously approved on January 3, 2007 in paragraph (c)(279)(i)(A)(14) of this section and now deleted with replacement in paragraph (c)(442)(i)(A)(4) of this section, Rule 206. * * * * * (442) * * * (i) * * * (A) * * * (4) Rule 206, ``Processing of Applications,'' revised on October 22, 2013. * * * * * [FR Doc. 2017-12235 Filed 6-13-17; 8:45 am] BILLING CODE 6560-50-P
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Subpart SS—Texas adding an entry at the end for ‘‘Vehicle § 52.2270 Identification of plan.
Inspection and Maintenance and * * * * *
■ 2. In § 52.2270(e), the second table Nonattainment New Source Review
titled ‘‘EPA Approved Nonregulatory (e) * * *
Requirements for the 2008 Ozone
Provisions and Quasi-Regulatory NAAQS’’ to read as follows:
Measures in the Texas is amended by
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or approval/
Name of SIP provision EPA approval date Comments
non-attainment area submittal
date
* * * * * * *
Vehicle Inspection and Mainte- Dallas-Fort Worth, TX .................. 7/6/2016 6/14/2017, [Insert Federal Reg-
nance and Nonattainment New ister citation].
Source Review Requirements
for the 2008 Ozone NAAQS.
[FR Doc. 2017–12210 Filed 6–13–17; 8:45 am] EPA–R09–OAR–2015–0621. All (i) The word or initials CAA mean or
BILLING CODE 6560–50–P documents in the docket are listed on refer to the Clean Air Act, unless the
the http://www.regulations.gov Web context indicates otherwise.
site. Although it may be listed in the (ii) The initials CARB mean or refer to
ENVIRONMENTAL PROTECTION index, some information is not publicly
AGENCY the California Air Resources Board.
available, e.g., Confidential Business
Information (CBI) or other information (iii) The initials CFR mean or refer to
40 CFR Part 52 whose disclosure is restricted by statute. Code of Federal Regulations.
[EPA–R09–OAR–2015–0621; FRL–9962–57– Certain other material, such as (iv) The initials or words EPA, we, us
Region 9] copyrighted material, is not placed on or our mean or refer to the United States
the Internet and will be publicly Environmental Protection Agency.
Revisions to the California State available only in hard copy form.
Implementation Plan; Imperial County (v) The word or initials ICAPCD or
Publicly available docket materials are
Air Pollution Control District; available through http:// District mean or refer to the Imperial
Stationary Sources Permits www.regulations.gov, or please contact County Air Pollution Control District,
the person identified in the FOR FURTHER the agency with jurisdiction over
AGENCY: Environmental Protection stationary sources within Imperial
Agency (EPA). INFORMATION CONTACT section for
additional availability information. County.
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT: (vi) The initials NSR mean or refer to
SUMMARY: The Environmental Protection Thien Khoi Nguyen, EPA Region IX, New Source Review.
Agency (EPA) is finalizing action on (415) 947–4120, nguyen.thien@epa.gov. (vii) The initials SIP mean or refer to
revisions to the Imperial County Air
SUPPLEMENTARY INFORMATION: State Implementation Plan.
Pollution Control District (ICAPCD or
District) portion of the California State Throughout this document, the terms I. Proposed Action
Implementation Plan (SIP). We are ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
finalizing full approval of two rules. On December 19, 2016, the EPA
Table of Contents
Both rules update and revise the proposed a full approval of two rules
District’s New Source Review (NSR) Definitions and a limited approval and limited
permitting program for new and I. Proposed Action disapproval (LA/LD) of one rule (as
modified sources of air pollution. We II. EPA Action noted in Table 1) submitted by CARB
are also finalizing a technical correction III. Incorporation by Reference for incorporation into the ICAPCD
to a previous action that will remove IV. Statutory and Executive Order Reviews portion of the California SIP. 81 FR
one rule from the SIP. 91895. Table 1 also lists the dates the
Definitions
DATES: This rule will be effective on July rules were adopted by ICAPCD and
14, 2017. For the purpose of this document, we submitted by CARB, which is the
ADDRESSES: The EPA has established a are giving meaning to certain words or governor’s designee for California SIP
docket for this action under Docket No. initials as follows: submittals.
TABLE 1—SUBMITTED NSR RULES
Adopted/
Rule # Rule title Submitted Proposed action
mstockstill on DSK30JT082PROD with RULES
revised
204 ............................ Applications ................................................................ 9/14/99 05/26/00 Full Approval.
206 ............................ Processing of Applications ........................................ 10/22/13 02/10/14 Full Approval.
207 ............................ New and Modified Stationary Source Review ........... 10/22/13 1/21/14 LA/LD.
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K. Congressional Review Act (CRA) (A) * * * form. Publicly available docket
This action is subject to the CRA, and (15) Rule 204, ‘‘Applications,’’ revised materials are available either
the EPA will submit a rule report to on September 14, 1999. electronically through http://
each House of the Congress and to the (16) Previously approved on January www.regulations.gov or in hard copy at
Comptroller General of the United 3, 2007 in paragraph (c)(279)(i)(A)(14) of the EPA Region 6, 1445 Ross Avenue,
States. This action is not a ‘‘major rule’’ this section and now deleted with Suite 700, Dallas, Texas 75202–2733.
as defined by 5 U.S.C. 804(2). replacement in paragraph FOR FURTHER INFORMATION CONTACT: Mr.
(c)(442)(i)(A)(4) of this section, Rule James E. Grady, (214) 665–6745;
L. Petitions for Judicial Review 206. grady.james@epa.gov.
Under section 307(b)(1) of the Clean * * * * * SUPPLEMENTARY INFORMATION:
Air Act, petitions for judicial review of (442) * * * Throughout this document ‘‘we,’’ ‘‘us,’’
this action must be filed in the United (i) * * * or ‘‘our’’ each mean ‘‘the EPA.’’
States Court of Appeals for the (A) * * * I. Background
appropriate circuit by August 14, 2017. (4) Rule 206, ‘‘Processing of
Filing a petition for reconsideration by Applications,’’ revised on October 22, The background for this action is
the Administrator of this final rule does 2013. discussed in detail in the EPA’s
not affect the finality of this rule for the November 3, 2015 proposal.1 In that
* * * * *
purposes of judicial review nor does it [FR Doc. 2017–12235 Filed 6–13–17; 8:45 am]
document, the EPA proposed to approve
extend the time within which a petition New Mexico’s regional haze progress
BILLING CODE 6560–50–P
for judicial review may be filed, and report SIP revision (submitted on March
shall not postpone the effectiveness of 14, 2014) as meeting the applicable
such rule or action. This action may not ENVIRONMENTAL PROTECTION regional haze requirements set forth in
be challenged later in proceedings to AGENCY 40 CFR 51.309(d)(10). In addition, the
enforce its requirements (see section EPA proposed to approve New Mexico’s
307(b)(2)). 40 CFR Part 52 determination that the current regional
haze SIP is adequate to meet the State’s
List of Subjects in 40 CFR Part 52 [EPA–R06–OAR–2014–0237; FRL–9962–75- RPGs for the first planning period and
Region 6] requires no further substantive revision
Environmental protection, Air
pollution control, Incorporation by to achieve established goals for visibility
Approval and Promulgation of
reference, Intergovernmental relations, improvement and emission reductions.
Implementation Plans; New Mexico; The proposal and the accompanying
New source review, Ozone, Particulate Regional Haze Progress Report State
matter, Reporting and recordkeeping technical support document (TSD)
Implementation Plan provide detailed descriptions of New
requirements, Volatile organic
compounds. AGENCY: Environmental Protection Mexico’s SIP revision and the rationale
Agency (EPA). for the EPA’s proposed approval of the
Authority: 42 U.S.C. 7401 et seq.
ACTION: Final rule.
State’s submittal. Please see the docket
Dated: May 19, 2017. for these and other documents regarding
Alexis Strauss, SUMMARY: Pursuant to the Federal Clean the proposal.
Acting Regional Administrator, Region IX. Air Act (CAA or the Act), the The public comment period for the
Environmental Protection Agency (EPA) proposal closed on December 3, 2015.
Part 52, chapter I, title 40 of the Code
is approving a revision to a State The EPA received one set of comments
of Federal Regulations is amended as
Implementation Plan (SIP) submitted by in a letter dated December 3, 2015, from
follows: the National Parks Conservation
the State of New Mexico on March 14,
PART 52—[AMENDED] 2014. New Mexico’s SIP revision Association and the San Juan Citizens
addresses requirements of the Act and Alliance regarding the EPA’s proposal.
■ 1. The authority citation for part 52 the EPA’s rules that require New Mexico The comment letter is included in the
continues to read as follows: to submit a periodic report assessing publicly posted docket associated with
progress toward the reasonable progress this action at http://
Authority: 42 U.S.C. 7401 et seq. www.regulations.gov. Below, the EPA
goals (RPGs) for mandatory Class I
Subpart F—California Federal areas in and outside New provides a summary of the comments
Mexico with a determination of the received and corresponding responses.
■ 2. Section 52.220 is amended by adequacy of the State’s existing regional After careful consideration of the
adding paragraphs (b)(14)(ii), haze SIP. comments and the information
(c)(279)(i)(A)(15) and (16), and provided, the EPA is approving the
DATES: This rule is effective on July 14,
(c)(442)(i)(A)(4) to read as follows: progress report, as proposed.
2017.
§ 52.220 Identification of plan-in part. ADDRESSES: The EPA has established a II. Response to Comments
* * * * * docket for this action under Docket ID Comment: The commenter noted that
(b) * * * No. EPA–R06–OAR–2014–0237. All New Mexico’s progress report indicated
(14) * * * documents in the docket are listed at the that the State is no longer implementing
(ii) Previously approved on May 31, http://www.regulations.gov Web site. its State Mobile Source Regulation but
1972 in paragraph (b)(14) of this section Although listed in the index, some is relying on federal programs that will
mstockstill on DSK30JT082PROD with RULES
and now deleted with replacement in information is not publicly available, achieve the same reductions. The
paragraph (c)(351)(i)(A)(4) of this e.g., Confidential Business Information commenter argued that the progress
section, Rule 103. or other information whose disclosure is report does not meet 40 CFR
* * * * * restricted by statute. Certain other 51.309(d)(10)(i)(A) because it was not
(c) * * * material, such as copyrighted material, clear about the start date of the State’s
(279) * * * is not placed on the Internet and will be
(i) * * * publicly available only in hard copy 1 See 80 FR 67682.
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Document Created: 2017-06-14 01:23:54
Document Modified: 2017-06-14 01:23:54
| 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 July 14, 2017. | |
| Contact | Thien Khoi Nguyen, EPA Region IX, (415) 947-4120, [email protected] | |
| FR Citation | 82 FR 27125 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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