82 FR 30770 - Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Mendocino County Air Quality Management District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 126 (July 3, 2017)
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30770-30773 | |
| FR Document | 2017-13188 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Rules and Regulations] [Pages 30770-30773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13188] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0726; FRL-9960-08-Region 9] Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Mendocino County Air Quality Management District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing action on four permitting rules submitted as a revision to the Mendocino County Air Quality Management District (``MCAQMD'' or ``the District'') portion of the applicable state implementation plan (SIP) for the State of California pursuant to requirements under the Clean Air Act (CAA or Act). We are finalizing a limited approval and limited disapproval of one rule and finalizing approval of the remaining three permitting rules. The amended [[Page 30771]] rules govern the issuance of permits for stationary sources, including review and permitting of minor sources, and major sources and major modifications under part C of title I of the Act. The limited disapproval action triggers an obligation for EPA to promulgate a Federal Implementation Plan (FIP) for the specific New Source Review (NSR) program deficiencies unless California submits and we approve SIP revisions that correct the deficiencies within two years of the final action. DATES: This rule will be effective on August 2, 2017. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R09-OAR-2016-0726. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, by phone: (415) 972- 3534 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents I. Proposed Action II. EPA Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Proposed Action On December 27, 2016 (81 FR 95074), the EPA proposed a limited approval and limited disapproval (LA/LD) or a full approval (as noted in the table) of the following rules that were submitted for incorporation into the Mendocino County portion of the California SIP. Table 1--Submitted NSR Rules ---------------------------------------------------------------------------------------------------------------- Rule No. Rule title Amended/adopted Submitted Proposed action ---------------------------------------------------------------------------------------------------------------- 1-130.......................... Definitions...... 9/20/16 11/15/16 Full Approval. 1-200.......................... Permit 9/20/16 11/15/16 Full Approval. Requirements. 1-220.......................... New Source Review 9/20/16 11/15/16 LA/LD. Standards (Including PSD Evaluations). 1-230.......................... Action on 9/20/16 11/15/16 Full Approval. Applications. ---------------------------------------------------------------------------------------------------------------- We proposed a full approval of Rules 1-130, 1-200 and 1-230 because we determined that these rules improve the SIP and are consistent with the relevant CAA requirements. We proposed a limited approval of Rule 1-220 because we determined that the rule improves the SIP and is largely consistent with the relevant CAA requirements. We simultaneously proposed a limited disapproval of Rule 1-220 because some rule provisions conflict with part C of the Act. These provisions include the following: A. Rule 1-220 does not contain any provisions specifying that required air quality modeling shall be based on the applicable models, databases, and other requirements specified in Part 51 Appendix W; therefore, the requirements of 40 CFR 51.160(f) and 51.166(l) have not been meet. B. The requirements of 40 CFR 51.166(r)(1) and (2) have not been met because the rule does not include the necessary information about a source's obligations. II. EPA Action No comments were submitted. Therefore, as authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited approval of Rule 1-220 and a full approval of Rules 1-130, 1-200 and 1- 230. This action incorporates the submitted rules into the Mendocino County portion of the California SIP, including those provisions identified as deficient. As authorized under section 110(k)(3) and 301(a), the EPA is simultaneously finalizing a limited disapproval of Rule 1-220. As a result, the EPA must promulgate a federal implementation plan (FIP) under section 110(c) unless we approve subsequent SIP revisions that correct the rule within 24 months. EPA staff are coordinating with Mendocino County AQMD and expect resolution of the deficiencies before a FIP would be required. In addition, because we are finalizing our proposed action, the California Infrastructure SIP deficiencies identified in our April 2016 (81 FR 18766) rulemaking with respect to Mendocino County AQMD for the 1997 and 2006 PM2.5 NAAQS are remedied. Therefore, we are updating the Mendocino County portion of the California SIP accordingly. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the MCAQMD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the U.S. Environmental Protection Agency, Region IX (Air - 3), 75 Hawthorne Street, San Francisco, CA, 94105-3901. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. [[Page 30772]] D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 1, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 1, 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--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)(119)(ii)(C), (c)(158)(i)(D), and (c)(489) and removing and reserving paragraphs (c)(171)(i)(A) and (c)(385)(i)(A) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (119) * * * (ii) * * * (C) Previously approved on June 18, 1982 in paragraph (c)(119)(ii)(A) of this section and now deleted with replacement in paragraph (c)(489)(i)(A)(4) of this section, Rule 230. * * * * * (158) * * * (i) * * * (D) Previously approved on July 31, 1985 in paragraph (c)(158)(i)(B) of this section and now deleted with replacement in paragraph (c)(489)(i)(A)(3) of this section, Chapter II, 220 (a)(2) and (b)(3, 4, 6, 8 and 9). * * * * * (171) * * * (i) * * * (A) [Reserved] * * * * * (385) * * * (i) * * * (A) [Reserved] * * * * * (489) Amended regulations for the following AQMD was submitted on November 15, 2016 by the Governor's Designee. (i) Incorporation by Reference. (A) Mendocino County Air Quality Management District. (1) Regulation I, Rule 1-130, ``Definitions,'' amended on September 20, 2016. (2) Regulation I, Rule 1-200, ``Permit Requirements,'' amended on September 20, 2016. (3) Regulation I, Rule 1-220, ``New Source Review Standards (Including PSD Evaluations),'' amended on September 20, 2016. (4) Regulation I, Rule 1-230, ``Action on Applications,'' amended on September 20, 2016. Sec. 52.223 [Amended] 0 3. Section 52.223 is amended by removing and reserving paragraphs (i)(2), (j)(1), (k)(1), (l)(2), (m)(1), (n)(1), and (o)(1). Sec. 52.233 [Amended] 0 4. Section 52.233 is amended by removing and reserving paragraph (d)(12). [[Page 30773]] 0 5. Section 52.270 is amended by revising paragraph (b)(3) introductory text to read as follows: Sec. 52.270 Significant deterioration of air quality. * * * * * (b) * * * (3) The PSD program for Mendocino County Air Quality Management District, as incorporated by reference in Sec. 52.220(c)(489) is approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply Sec. 52.21 in certain cases. The provisions of Sec. 52.21 except for paragraph (a)(1) are therefore incorporated and made a part of the State plan for California for the Mendocino County Air Quality Management District for: * * * * * Sec. 52.283 [Amended] 0 6. Section 52.283 is amended by removing and reserving paragraphs (c)(1)(i), (d)(1)(i), (e)(2)(i), (f)(2)(i), and (g)(1)(i). [FR Doc. 2017-13188 Filed 6-30-17; 8:45 am] BILLING CODE 6560-50-P
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agency promulgating the rule must for judicial review may be filed, and Dated: June 15, 2017.
submit a rule report, which includes a shall not postpone the effectiveness of V. Anne Heard,
copy of the rule, to each House of the such rule or action. Parties with Acting Regional Administrator, Region 4.
Congress and to the Comptroller General objections to this direct final rule are
of the United States. EPA will submit a encouraged to file a comment in 40 CFR part 52 is amended as follows:
report containing this action and other response to the parallel notice of
required information to the U.S. Senate, proposed rulemaking for this action PART 52—APPROVAL AND
the U.S. House of Representatives, and published in the proposed rules section PROMULGATION OF
the Comptroller General of the United of today’s Federal Register, rather than IMPLEMENTATION PLANS
States prior to publication of the rule in file an immediate petition for judicial
the Federal Register. A major rule review of this direct final rule, so that ■ 1. The authority citation for part 52
cannot take effect until 60 days after it EPA can withdraw this direct final rule continues to read as follows:
is published in the Federal Register. and address the comment in the
Authority: 42 U.S.C. 7401 et seq.
This action is not a ‘‘major rule’’ as proposed rulemaking. This action may
defined by 5 U.S.C. 804(2). not be challenged later in proceedings to Subpart K—Florida
Under section 307(b)(1) of the CAA, enforce its requirements. See section
petitions for judicial review of this 307(b)(2).
action must be filed in the United States ■ 2. Section 52.520(c) is amended under
Court of Appeals for the appropriate List of Subjects in 40 CFR Part 52 Chapter 62–210 and 62–212 by revising
circuit by September 1, 2017. Filing a Environmental protection, Air entries for ‘‘62–210.200,’’ ‘‘62–210.220,’’
petition for reconsideration by the pollution control, Carbon monoxide, and ‘‘62–212.720’’ to read as follows:
Administrator of this final rule does not Incorporation by reference, Lead, § 52.520 Identification of plan.
affect the finality of this action for the Nitrogen dioxide, Ozone, Particulate
purposes of judicial review nor does it matter, Sulfur oxides, Volatile organic * * * * *
extend the time within which a petition compounds. (c) * * *
EPA-APPROVED FLORIDA REGULATIONS
State
State citation (section) Title/subject effective EPA approval date Explanation
date
* * * * * * *
Chapter 62–210 Stationary Sources—General Requirements
* * * * * * *
62–210.200 .................................. Definitions .................................... 3/11/10 7/3/2017 [Insert citation of publi-
cation].
62–210.220 .................................. Small Business Assistance Pro- 10/6/08 7/3/2017 [Insert citation of publi-
gram. cation].
* * * * * * *
Chapter 62–212 Stationary Sources—Preconstruction Review
* * * * * * *
62–212.720 .................................. Actuals Plantwide Applicability 12/17/13 7/3/2017 [Insert citation of publi-
Limits (PALs). cation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2017–13862 Filed 6–30–17; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Part 52 Agency (EPA) is finalizing action on
four permitting rules submitted as a
[EPA–R09–OAR–2016–0726; FRL–9960–08– revision to the Mendocino County Air
Region 9] Quality Management District
Approval and Limited Approval and (‘‘MCAQMD’’ or ‘‘the District’’) portion
Limited Disapproval of Air Quality of the applicable state implementation
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Implementation Plans; California; plan (SIP) for the State of California
Mendocino County Air Quality pursuant to requirements under the
Clean Air Act (CAA or Act). We are
Management District; Stationary
finalizing a limited approval and
Source Permits
limited disapproval of one rule and
AGENCY: Environmental Protection finalizing approval of the remaining
Agency (EPA). three permitting rules. The amended
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D. Unfunded Mandates Reform Act unless to do so would be inconsistent Subpart F—California
(UMRA) with applicable law or otherwise
This action does not contain any impractical. The EPA believes that this ■ 2. Section 52.220 is amended by
unfunded mandate as described in action is not subject to the requirements adding paragraphs (c)(119)(ii)(C),
UMRA, 2 U.S.C. 1531–1538, and does of section 12(d) of the NTTAA because (c)(158)(i)(D), and (c)(489) and removing
not significantly or uniquely affect small application of those requirements would and reserving paragraphs (c)(171)(i)(A)
governments. This action does not be inconsistent with the CAA. and (c)(385)(i)(A) to read as follows:
impose additional requirements beyond J. Executive Order 12898: Federal § 52.220 Identification of plan—in part.
those imposed by state law. Actions To Address Environmental * * * * *
Accordingly, no additional costs to Justice in Minority Populations and (c) * * *
State, local, or tribal governments, or to Low-Income Population (119) * * *
the private sector, will result from this (ii) * * *
action. The EPA lacks the discretionary
authority to address environmental (C) Previously approved on June 18,
E. Executive Order 13132: Federalism justice in this rulemaking. 1982 in paragraph (c)(119)(ii)(A) of this
This action does not have federalism section and now deleted with
K. Congressional Review Act (CRA) replacement in paragraph
implications. It will not have substantial
direct effects on the states, on the (c)(489)(i)(A)(4) of this section, Rule
This action is subject to the CRA, and
relationship between the national 230.
the EPA will submit a rule report to
government and the states, or on the each House of the Congress and to the * * * * *
distribution of power and Comptroller General of the United (158) * * *
responsibilities among the various States. This action is not a ‘‘major rule’’ (i) * * *
levels of government. as defined by 5 U.S.C. 804(2). (D) Previously approved on July 31,
1985 in paragraph (c)(158)(i)(B) of this
F. Executive Order 13175: Coordination L. Petitions for Judicial Review section and now deleted with
With Indian Tribal Governments replacement in paragraph
Under section 307(b)(1) of the Clean
This action does not have tribal Air Act, petitions for judicial review of (c)(489)(i)(A)(3) of this section, Chapter
implications, as specified in Executive this action must be filed in the United II, 220 (a)(2) and (b)(3, 4, 6, 8 and 9).
Order 13175, because the SIP is not States Court of Appeals for the * * * * *
approved to apply on any Indian appropriate circuit by September 1, (171) * * *
reservation land or in any other area 2017. Filing a petition for (i) * * *
where the EPA or an Indian tribe has reconsideration by the Administrator of (A) [Reserved]
demonstrated that a tribe has this final rule does not affect the finality * * * * *
jurisdiction, and will not impose of this rule for the purposes of judicial (385) * * *
substantial direct costs on tribal review nor does it extend the time (i) * * *
governments or preempt tribal law. within which a petition for judicial (A) [Reserved]
Thus, Executive Order 13175 does not review may be filed, and shall not * * * * *
apply to this action. postpone the effectiveness of such rule (489) Amended regulations for the
G. Executive Order 13045: Protection of or action. This action may not be following AQMD was submitted on
Children From Environmental Health challenged later in proceedings to November 15, 2016 by the Governor’s
Risks and Safety Risks enforce its requirements (see section Designee.
307(b)(2)). (i) Incorporation by Reference. (A)
The EPA interprets Executive Order
13045 as applying only to those List of Subjects in 40 CFR Part 52 Mendocino County Air Quality
regulatory actions that concern Management District.
Environmental protection, Air (1) Regulation I, Rule 1–130,
environmental health or safety risks that
pollution control, Carbon monoxide, ‘‘Definitions,’’ amended on September
the EPA has reason to believe may
Incorporation by reference, 20, 2016.
disproportionately affect children, per
Intergovernmental relations, Nitrogen (2) Regulation I, Rule 1–200, ‘‘Permit
the definition of ‘‘covered regulatory
dioxide, Ozone, Particulate matter, Requirements,’’ amended on September
action’’ in section 2–202 of the
Reporting and recordkeeping 20, 2016.
Executive Order. This action is not
requirements, Sulfur oxides, Volatile (3) Regulation I, Rule 1–220, ‘‘New
subject to Executive Order 13045
organic compounds. Source Review Standards (Including
because it does not impose additional
requirements beyond those imposed by Authority: 42 U.S.C. 7401 et seq. PSD Evaluations),’’ amended on
state law. September 20, 2016.
Dated: March 1, 2017.
(4) Regulation I, Rule 1–230, ‘‘Action
H. Executive Order 13211: Actions That Alexis Strauss, on Applications,’’ amended on
Significantly Affect Energy Supply, Acting Regional Administrator, Region IX. September 20, 2016.
Distribution, or Use Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as § 52.223 [Amended]
This action is not subject to Executive
Order 13211, because it is not a follows: ■ 3. Section 52.223 is amended by
significant regulatory action under removing and reserving paragraphs
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Executive Order 12866. PART 52—APPROVAL AND (i)(2), (j)(1), (k)(1), (l)(2), (m)(1), (n)(1),
PROMULGATION OF and (o)(1).
I. National Technology Transfer and IMPLEMENTATION PLANS
Advancement Act (NTTAA) § 52.233 [Amended]
Section 12(d) of the NTTAA directs ■ 1. The authority citation for part 52 ■ 4. Section 52.233 is amended by
the EPA to use voluntary consensus continues to read as follows: removing and reserving paragraph
standards in its regulatory activities Authority: 42 U.S.C. 7401 et seq. (d)(12).
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■ 5. Section 52.270 is amended by § 52.220(c)(489) is approved under Part § 52.283 [Amended]
revising paragraph (b)(3) introductory C, Subpart 1, of the Clean Air Act.
text to read as follows: However, EPA is retaining authority to ■ 6. Section 52.283 is amended by
apply § 52.21 in certain cases. The removing and reserving paragraphs
§ 52.270 Significant deterioration of air provisions of § 52.21 except for (c)(1)(i), (d)(1)(i), (e)(2)(i), (f)(2)(i), and
quality. (g)(1)(i).
paragraph (a)(1) are therefore
* * * * * incorporated and made a part of the [FR Doc. 2017–13188 Filed 6–30–17; 8:45 am]
(b) * * * State plan for California for the BILLING CODE 6560–50–P
(3) The PSD program for Mendocino Mendocino County Air Quality
County Air Quality Management Management District for:
District, as incorporated by reference in * * * * *
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Document Created: 2018-11-14 10:19:17
Document Modified: 2018-11-14 10:19:17
| 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 August 2, 2017. | |
| Contact | Laura Yannayon, by phone: (415) 972- 3534 or by email at [email protected] | |
| FR Citation | 82 FR 30770 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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