83 FR 26222 - Approval of California Air Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 109 (June 6, 2018)
Federal Register Volume 83, Issue 109 (June 6, 2018)
| Page Range | 26222-26224 | |
| FR Document | 2018-11575 |
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)] [Rules and Regulations] [Pages 26222-26224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11575] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0120; FRL-9978-18-Region 9] Approval of California Air Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action 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 approving a local rule under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on July 6, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0120. 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., 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: 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. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On March 23, 2018, the EPA proposed an approval of Rule 432-- Federal New Source Review (FNSR), as noted in Table 1, submitted by the California Air [[Page 26223]] Resources Board (CARB) for incorporation into the BCAQMD portion of the California SIP. 83 FR 12694. Table 1 also lists the dates the rule was adopted by the BCAQMD and submitted by CARB, which is the governor's designee for California SIP submittals. Table 1--Submitted NSR Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- BCAQMD................................ 432 Federal New Source 3/23/17 6/12/17 Review (FNSR). ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. The rule was amended to correct a previously identified deficiency from the limited disapproval of the rule on December 22, 2016. 81 FR 93820. The deficiency identified in the limited disapproval was that ammonia was not regulated as a PM2.5 precursor in the rule. We are now approving Rule 432 as amended by the District because it satisfies all of the statutory and regulatory requirements for a nonattainment NSR permit program as set forth in the applicable provisions of part D of title I of the Act (sections 172, 173 and 182(a)) and in 40 CFR 51.165 and 40 CFR 51.307 and now satisfies 40 CFR 51.165(a)(13)'s requirements for regulation of PM2.5 precursors as it pertains to ammonia. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received six comments. However, none of the comments were relevant to the proposed action. The comments have been added to the docket for this action and are accessible at www.regulations.gov. III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule into the California SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the BCAQMD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the EPA 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 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 3, 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 6, 2018. 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 [[Page 26224]] enforce its requirements. (See CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 8, 2018. 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)(457)(i)(C)(6) and (c)(504) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (457) * * * (i) * * * (C) * * * (6) Previously approved on December 22, 2016, in paragraph (c)(457)(i)(C)(4) of this section and now deleted with replacement in paragraph (c)(504)(i)(A)(1) of this section, Rule 432, ``Federal New Source Review'' amended on April 24, 2014. * * * * * (504) The following amended regulations were submitted on June 12, 2017, by the Governor's designee. (i) Incorporation by reference. (A) Butte County Air Quality Management District. (1) Rule 432, ``Federal New Source Review,'' amended on March 23, 2017. [FR Doc. 2018-11575 Filed 6-5-18; 8:45 am] BILLING CODE 6560-50-P
![26222 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
appropriate, disproportionate human C. Petitions for Judicial Review Reporting and recordkeeping
health or environmental effects, using Under section 307(b)(1) of the CAA, requirements, Volatile organic
practicable and legally permissible petitions for judicial review of this compounds.
methods, under Executive Order 12898 action must be filed in the United States Dated: May 18, 2018.
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate Cosmo Servidio,
B. Submission to Congress and the circuit by August 6, 2018. Filing a Regional Administrator, Region III.
Comptroller General petition for reconsideration by the
40 CFR part 52 is amended as follows:
Administrator of this final rule does not
The Congressional Review Act, 5 affect the finality of this action for the PART 52—APPROVAL AND
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it PROMULGATION OF
Business Regulatory Enforcement extend the time within which a petition IMPLEMENTATION PLANS
Fairness Act of 1996, generally provides for judicial review may be filed, and
that before a rule may take effect, the shall not postpone the effectiveness of ■ 1. The authority citation for part 52
agency promulgating the rule must such rule or action. continues to read as follows:
submit a rule report, which includes a This action, approving Pennsylvania’s
Authority: 42 U.S.C. 7401 et seq.
copy of the rule, to each House of the certification that its SIP-approved
Congress and to the Comptroller General emissions statement regulation meets Subpart NN—Pennsylvania
of the United States. EPA will submit a the emissions statement requirement of
report containing this action and other section 182(a)(3)(B) of the CAA for the ■ 2. In § 52.2020, the table in paragraph
required information to the U.S. Senate, 2008 ozone NAAQS, may not be (e)(1) is amended by adding the entry
the U.S. House of Representatives, and challenged later in proceedings to ‘‘Emission statement requirement
the Comptroller General of the United enforce its requirements. (See section certification for the 2008 ozone national
States prior to publication of the rule in 307(b)(2)). ambient air quality standards (NAAQS)’’
the Federal Register. A major rule at the end of the table to read as follows:
cannot take effect until 60 days after it List of Subjects in 40 CFR Part 52
is published in the Federal Register. Environmental protection, Air § 52.2020 Identification of plan.
This action is not a ‘‘major rule’’ as pollution control, Incorporation by * * * * *
defined by 5 U.S.C. 804(2). reference, Nitrogen dioxide, Ozone, (e) * * *
(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of Applicable State submittal
non-regulatory geographic EPA approval date Additional explanation
date
SIP revision area
* * * * * * *
Emission statement re- Statewide ............ November 3, 6/6/2018, [insert Federal Certification that Pennsylvania’s previously ap-
quirement certification 2017 Register citation]. proved regulation at 25 Pa. Code 135.21,
for the 2008 ozone na- ‘‘Emissions Statements,’’ meets the emission
tional ambient air qual- statement requirements for the 2008 ozone
ity standards (NAAQS). NAAQS.
* * * * * (BCAQMD) portion of the California Publicly available docket materials are
[FR Doc. 2018–12070 Filed 6–5–18; 8:45 am] State Implementation Plan (SIP). This available through http://
BILLING CODE 6560–50–P revision concerns the District’s New www.regulations.gov, or please contact
Source Review (NSR) permitting the person identified in the FOR FURTHER
program for new and modified sources INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION of air pollution. We are approving a additional availability information.
AGENCY local rule under the Clean Air Act (CAA FOR FURTHER INFORMATION CONTACT: T.
or the Act). Khoi Nguyen, EPA Region IX, (415)
40 CFR Part 52 DATES: This rule will be effective on July 947–4120, nguyen.thien@epa.gov.
[EPA–R09–OAR–2018–0120; FRL–9978–18– 6, 2018. SUPPLEMENTARY INFORMATION:
Region 9] ADDRESSES: The EPA has established a Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID and ‘‘our’’ refer to the EPA.
Approval of California Air Plan No. EPA–R09–OAR–2018–0120. All
Revisions; Butte County Air Quality Table of Contents
documents in the docket are listed on
Management District; Stationary the http://www.regulations.gov web site. I. Proposed Action
Source Permits II. Public Comments and EPA Responses
Although listed in the index, some III. EPA Action
AGENCY: Environmental Protection information is not publicly available, IV. Incorporation by Reference
e.g., Confidential Business Information
daltland on DSKBBV9HB2PROD with RULES
Agency (EPA). V. Statutory and Executive Order Reviews
ACTION: Final rule. (CBI) or other information whose
disclosure is restricted by statute. I. Proposed Action
SUMMARY: The Environmental Protection Certain other material, such as On March 23, 2018, the EPA proposed
Agency (EPA) is taking final action to copyrighted material, is not placed on an approval of Rule 432—Federal New
approve a revision to the Butte County the internet and will be publicly Source Review (FNSR), as noted in
Air Quality Management District available only in hard copy form. Table 1, submitted by the California Air
VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1](https://thefederalregister.org/doc/83_FR_26331/page/1.svg)
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enforce its requirements. (See CAA PART 52—APPROVAL AND (6) Previously approved on December
section 307(b)(2).) PROMULGATION OF 22, 2016, in paragraph (c)(457)(i)(C)(4)
IMPLEMENTATION PLANS of this section and now deleted with
List of Subjects in 40 CFR Part 52
replacement in paragraph
Environmental protection, Air ■ 1. The authority citation for part 52 (c)(504)(i)(A)(1) of this section, Rule
pollution control, Carbon monoxide, continues to read as follows: 432, ‘‘Federal New Source Review’’
Incorporation by reference, Authority: 42 U.S.C. 7401 et seq. amended on April 24, 2014.
Intergovernmental relations, Lead, * * * * *
Nitrogen dioxide, Ozone, Particulate Subpart F—California
(504) The following amended
matter, Reporting and recordkeeping regulations were submitted on June 12,
■ 2. Section 52.220 is amended by
requirements, Sulfur oxides, Volatile 2017, by the Governor’s designee.
adding paragraphs (c)(457)(i)(C)(6) and
organic compounds. (i) Incorporation by reference.
(c)(504) to read as follows:
Dated: May 8, 2018. (A) Butte County Air Quality
Alexis Strauss, § 52.220 Identification of plan-in part.
Management District.
Acting Regional Administrator, Region IX. * * * * *
(1) Rule 432, ‘‘Federal New Source
(c) * * *
Part 52, chapter I, title 40 of the Code (457) * * * Review,’’ amended on March 23, 2017.
of Federal Regulations is amended as (i) * * * [FR Doc. 2018–11575 Filed 6–5–18; 8:45 am]
follows: (C) * * * BILLING CODE 6560–50–P
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\06JNR1.SGM 06JNR1](https://thefederalregister.org/doc/83_FR_26331/page/3.svg)
Document Created: 2018-06-06 00:53:58
Document Modified: 2018-06-06 00:53:58
| 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 6, 2018. | |
| Contact | T. Khoi Nguyen, EPA Region IX, (415) 947-4120, [email protected] | |
| FR Citation | 83 FR 26222 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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