83 FR 12694 - Approval of California Air Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 57 (March 23, 2018)
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12694-12696 | |
| FR Document | 2018-06025 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Proposed Rules] [Pages 12694-12696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06025] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0120; FRL-9975-81--Region 9] Approval of California Air Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are proposing action on a local rule under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by April 23, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0120 at http://www.regulations.gov, or via email to T. Khoi Nguyen, at [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 https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: T. 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 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? 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 Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the dates that it was amended by the BCAQMD 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 Amended Submitted ---------------------------------------------------------------------------------------------------------------- BCAQMD........................... 432............... Federal New Source Review 3/23/17 6/12/17 ---------------------------------------------------------------------------------------------------------------- On December 12, 2017, the submittal for the BCAQMD was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? On December 22, 2016, the EPA finalized a limited approval and limited disapproval of Rule 432. 81 FR 93820. C. What is the purpose of the submitted rule? Section 110(a) of the 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 432 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. BCAQMD is currently designated as a nonattainment area for the 2008 8-hr ozone and 2006 24-hr PM2.5 NAAQS. The rule revision further corrects a deficiency in which the EPA previously finalized a limited disapproval of Rule 432 because we determined that the rule does not fully satisfy 40 CFR 51.165(a)(13)'s requirements for regulation of PM2.5 precursors as it pertains to ammonia. We present our evaluation under the CAA and the 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. 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 the EPA [[Page 12695]] 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. The 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 the 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 the 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. The EPA has reviewed the submitted rule in accordance with the rule evaluation criteria described above. With respect to procedures, based on our review of the public process documentation included in the June 12, 2017 submittal, we are proposing to approve the submitted rule in part because we have determined that the BCAQMD has provided sufficient evidence of public notice and opportunity for comment and public hearings prior to adoption and submittal of this rule, in accordance with the requirements of CAA sections 110(a)(2) and 110(l). The amendment of Rule 432 now also includes ammonia as a potential precursor to PM2.5 , thus resolving the limited disapproval issue from the December 2016 action. Our TSD, which can be found in the docket for this rule, contains a more detailed discussion of the approval criteria. C. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until April 23, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally- enforceable SIP. 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 BCAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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 Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General [[Page 12696]] of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 22, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, New Source Review, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: March 9, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2018-06025 Filed 3-22-18; 8:45 am] BILLING CODE 6560-50-P
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Dated: December 12, 2017. Source Review (NSR) permitting contact the person identified in the FOR
Eugene R. Peltola, Jr. program for new and modified sources FURTHER INFORMATION CONTACT section.
Assistant Regional Director, U.S. Fish and of air pollution. We are proposing action For the full EPA public comment policy,
Wildlife Service, Acting Chair, Federal on a local rule under the Clean Air Act information about CBI or multimedia
Subsistence Board. as amended in 1990 (CAA or the Act). submissions, and general guidance on
Thomas Whitford, We are taking comments on this making effective comments, please visit
Subsistence Program Leader, USDA—Forest proposal and plan to follow with a final https://www.epa.gov/dockets/
Service. action. commenting-epa-dockets.
DATES: Any comments must arrive by FOR FURTHER INFORMATION CONTACT: T.
Editorial Note: The Office of the Federal
Register received this document on March April 23, 2018. Khoi Nguyen, EPA Region IX, (415)
19, 2018. ADDRESSES: Submit your comments, 947–4120, nguyen.thien@epa.gov.
[FR Doc. 2018–05848 Filed 3–22–18; 8:45 am] identified by Docket ID No. EPA–R09–
SUPPLEMENTARY INFORMATION:
OAR–2018–0120 at http://
BILLING CODE 3411–15–P; 4333–15–P
www.regulations.gov, or via email to T. Throughout this document, ‘‘we,’’ ‘‘us’’
Khoi Nguyen, at nguyen.thien@epa.gov. and ‘‘our’’ refer to the EPA.
For comments submitted at Table of Contents
ENVIRONMENTAL PROTECTION
Regulations.gov, follow the online
AGENCY I. The State’s Submittal
instructions for submitting comments. A. What rule did the State submit?
40 CFR Part 52 Once submitted, comments cannot be B. Are there other versions of this rule?
removed or edited from Regulations.gov. C. What is the purpose of the submitted
[EPA–R09–OAR–2018–0120; FRL–9975– For either manner of submission, the rule?
81—Region 9] EPA may publish any comment received II. The EPA’s Evaluation and Action
to its public docket. Do not submit A. How is the EPA evaluating the rule?
Approval of California Air Plan B. Does the rule meet the evaluation
electronically any information you
Revisions; Butte County Air Quality criteria?
consider to be Confidential Business
Management District; Stationary C. Public Comment and Proposed Action
Information (CBI) or other information
Source Permits III. Incorporation by Reference
whose disclosure is restricted by statute. IV. Statutory and Executive Order Reviews
AGENCY: Environmental Protection Multimedia submissions (audio, video,
Agency (EPA). etc.) must be accompanied by a written I. The State’s Submittal
ACTION: Proposed rule. comment. The written comment is A. What rule did the State submit?
considered the official comment and
SUMMARY: The Environmental Protection should include discussion of all points Table 1 lists the rule addressed by this
Agency (EPA) is proposing to approve a you wish to make. The EPA will proposal with the dates that it was
revision to the Butte County Air Quality generally not consider comments or amended by the BCAQMD and
Management District (BCAQMD) comment contents located outside of the submitted by the California Air
portion of the California State primary submission (i.e., on the web, Resources Board (CARB), which is the
Implementation Plan (SIP). This cloud, or other file sharing system). For governor’s designee for California SIP
revision concerns the District’s New additional submission methods, please submittals.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Amended Submitted
BCAQMD .................................. 432 ........... Federal New Source Review ...................................................... 3/23/17 6/12/17
On December 12, 2017, the submittal The purpose of District Rule 432 is to reasoning in general terms below and a
for the BCAQMD was deemed by implement a federal preconstruction more detailed analysis in our technical
operation of law to meet the permit program for new and modified support document (TSD), which is
completeness criteria in 40 CFR part 51 minor sources of regulated NSR available in the docket for the proposed
Appendix V, which must be met before pollutants, and new and modified major rulemaking.
formal EPA review. sources of regulated NSR pollutants for II. The EPA’s Evaluation and Action
which the area is designated
B. Are there other versions of this rule? nonattainment. BCAQMD is currently A. How is the EPA evaluating the rule?
On December 22, 2016, the EPA designated as a nonattainment area for The submitted rule must meet the
finalized a limited approval and limited the 2008 8-hr ozone and 2006 24-hr CAA’s general requirements for SIPs
disapproval of Rule 432. 81 FR 93820. PM2.5 NAAQS. The rule revision further and SIP revisions in CAA sections
corrects a deficiency in which the EPA 110(a)(2), 110(l), and 193 as well as the
C. What is the purpose of the submitted previously finalized a limited applicable requirements contained in
rule? disapproval of Rule 432 because we part D of title I of the Act (sections 172
amozie on DSK30RV082PROD with PROPOSALS
determined that the rule does not fully and 173) for a nonattainment NSR
Section 110(a) of the CAA requires satisfy 40 CFR 51.165(a)(13)’s permit program. In addition, the
states to submit regulations that include requirements for regulation of PM2.5 submitted rule must contain the
a pre-construction permit program for precursors as it pertains to ammonia. applicable regulatory provisions of 40
certain new or modified stationary We present our evaluation under the CFR 51.160–51.165 and 40 CFR 51.307.
sources of pollutants, including a permit CAA and the EPA’s regulations of the Among other things, section 110 of
program as required by Part D of Title revised NSR rule submitted by CARB, as the Act requires that SIP rules be
I of the CAA. identified in Table 1, and provide our enforceable and provides that the EPA
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of the United States. EPA will submit a to enlist providers to assure beneficiary I. Executive Summary and Background
report containing this action and other access to covered care and services
A. Executive Summary
required information to the U.S. Senate, consistent with the statute. States have
the U.S. House of Representatives, and raised concerns over the administrative 1. Purpose
the Comptroller General of the United burden associated with the current Current regulations at 42 CFR
States prior to publication of the rule in requirements, particularly for states 447.203(b) require states to develop and
the Federal Register. A major rule with high rates of Medicaid managed submit to CMS an access monitoring
cannot take effect until 60 days after it care enrollment. This proposed rule review plan (AMRP) for Medicaid
is published in the Federal Register. would provide burden relief and services provided through a fee-for-
This action is not a ‘‘major rule’’ as address those concerns. service (FFS) delivery system. The
defined by 5 U.S.C. 804(2). DATES: To be assured consideration, AMRP must be updated at least every 3
Under section 307(b)(1) of the Clean comments must be received at one of years and address the following
Air Act, petitions for judicial review of the addresses provided below, no later categories of Medicaid services: Primary
this action must be filed in the United than 5 p.m. on May 22, 2018. care services (including those provided
States Court of Appeals for the by a physician, federally qualified
appropriate circuit by May 22, 2018. ADDRESSES: In commenting, please refer
health center (FQHC), clinic or dental
Filing a petition for reconsideration by to file code CMS–2406–P. Because of
care); physician specialist services (for
the Administrator of this final rule does staff and resource limitations, we cannot
example, cardiology, radiology,
not affect the finality of this action for accept comments by facsimile (FAX)
urology); behavioral health services
the purposes of judicial review nor does transmission.
(including mental health and substance
it extend the time within which a Comments, including mass comment use disorder); pre- and post-natal
petition for judicial review may be filed, submissions, must be submitted in one obstetric services (including labor and
and shall not postpone the effectiveness of the following three ways (please delivery); and home health. The AMRP
of such rule or action. This action may choose only one of the ways listed): must identify a data-driven process to
not be challenged later in proceedings to 1. Electronically. You may submit review access to care and address: The
enforce its requirements. (See section electronic comments on this regulation extent to which beneficiary needs are
307(b)(2).) to http://www.regulations.gov. Follow fully met; the availability of care
List of Subjects in 40 CFR Part 52 the ‘‘Submit a comment’’ instructions. through enrolled providers; and changes
2. By regular mail. You may mail in beneficiary service utilization.
Environmental protection, Air written comments to the following Additionally, when states reduce rates
pollution control, Incorporation by address ONLY: Centers for Medicare & for other Medicaid services, they must
reference, Intergovernmental relations, Medicaid Services, Department of add those services to the AMRP and
New Source Review, Particulate matter, Health and Human Services, Attention: monitor the effects of the rate reductions
Reporting and recordkeeping CMS–2406–P, P.O. Box 8016, Baltimore, for 3 years. Section 447.204 requires
requirements. MD 21244–8016. Please allow sufficient states to undertake a public process and
Authority: 42 U.S.C. 7401 et seq. time for mailed comments to be submit specific information regarding
received before the close of the access to care when proposing to reduce
Dated: March 9, 2018.
comment period. or restructure Medicaid provider
Alexis Strauss, payment rates. This proposed rule
3. By express or overnight mail. You
Acting Regional Administrator, Region IX. may send written comments to the would provide an exemption to the
[FR Doc. 2018–06025 Filed 3–22–18; 8:45 am] following address ONLY: Centers for regulatory requirements in
BILLING CODE 6560–50–P Medicare & Medicaid Services, §§ 447.203(b)(1) through (6) and
Department of Health and Human 447.204(a) through (c) for states with
Services, Attention: CMS–2406–P, Mail comprehensive, risk-based Medicaid
DEPARTMENT OF HEALTH AND Stop C4–26–05, 7500 Security managed care enrollment rates above 85
HUMAN SERVICES Boulevard, Baltimore, MD 21244–1850. percent of the total covered population
For information on viewing public under a state’s Medicaid program,
Centers for Medicare & Medicaid comments, see the beginning of the including managed care comprehensive
Services risk contracts under a state’s section
SUPPLEMENTARY INFORMATION section.
1115 Medicaid demonstration. The
42 CFR Part 447 FOR FURTHER INFORMATION CONTACT: proposed rule would also provide an
Jeremy Silanskis, (410) 786–1592, exemption to the regulatory
[CMS–2406–P] Jeremy.Silanskis@cms.hhs.gov. requirements in §§ 447.203(b)(6) and
RIN 0938–AT41 SUPPLEMENTARY INFORMATION: Inspection 447.204(a) through (c) for states that
of Public Comments: All comments submit state plan amendments (SPAs) to
Medicaid Program; Methods for
received before the close of the reduce rates or restructure payments
Assuring Access to Covered Medicaid
comment period are available for where the overall reduction is 4 percent
Services—Exemptions for States With
viewing by the public, including any or less of overall spending within the
High Managed Care Penetration Rates
personally identifiable or confidential affected state plan service category for a
and Rate Reduction Threshold
business information that is included in single state fiscal year (SFY) and 6
amozie on DSK30RV082PROD with PROPOSALS
AGENCY: Centers for Medicare & a comment. We post all comments percent or less over 2 consecutive SFYs.
Medicaid Services (CMS), HHS. received before the close of the Additionally, the proposed rule would
ACTION: Proposed rule. comment period on the following modify the requirements in
website as soon as possible after they § 447.204(b)(2) so that, for SPAs that
SUMMARY: This proposed rule would have been received: http:// reduce or restructure Medicaid payment
amend the process for states to www.regulations.gov. Follow the search rates, states would be required to submit
document whether Medicaid payments instructions on that website to view to CMS an assurance that data indicates
in fee-for-service systems are sufficient public comments. current access is consistent with
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Document Created: 2018-11-01 08:53:46
Document Modified: 2018-11-01 08:53:46
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by April 23, 2018. | |
| Contact | T. Khoi Nguyen, EPA Region IX, (415) 947-4120, [email protected] | |
| FR Citation | 83 FR 12694 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Particulate Matter and Reporting and Recordkeeping Requirements |
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