83 FR 27738 - Approval of Air Plan Revisions; Approvals and Promulgations: California; Placer County Air Pollution Control District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 115 (June 14, 2018)
Federal Register Volume 83, Issue 115 (June 14, 2018)
| Page Range | 27738-27740 | |
| FR Document | 2018-12711 |
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)] [Proposed Rules] [Pages 27738-27740] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12711] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0282; FRL-9979-34--Region 9] Approval of Air Plan Revisions; Approvals and Promulgations: California; Placer County Air Pollution Control 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 Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns the District's Prevention of Significant Deterioration (PSD) 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 July 16, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0282 at http://www.regulations.gov, or via email to Laura Yannayon, 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: Laura Yannayon, EPA Region IX, (415) 972-3534, [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. The EPA's Proposed Action and Public Comment 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 PCAPCD and submitted by the California Air Resources Board (CARB), which is the governor's designee for California SIP submittals. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Adopted or Rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- 518......................................... Prevention of Significant 10/13/16 1/24/17 Deterioration (PSD) Permit Program. ---------------------------------------------------------------------------------------------------------------- On April 17, 2017, the EPA determined that CARB's January 24, 2017, SIP submittal package conformed to the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. [[Page 27739]] B. Are there other versions of this rule? The current SIP-approved version of Rule 518--Prevention of Significant Deterioration (PSD) Permit Program was approved by EPA on December 10, 2012. 77 FR 73316. C. What is the purpose of the submitted rule? Section 110(a)(2)(C) of the CAA requires states to submit regulations that include a preconstruction permit program for certain new or modified stationary sources of pollutants, including a permit program as required by part C of title I of the CAA. This part, and the EPA's implementing regulations at 40 CFR 51.166, provide requirements for the prevention of significant deterioration (PSD) program, which applies to new and modified major sources of regulated New Source Review pollutants located in areas that are designated attainment or unclassifiable for those pollutants. Rule 518 implements the federal PSD permit program for Placer County. The submitted rule has been revised to update and clarify the rule. See our technical support document (TSD), which can be found in the docket for this rule, for additional information about the rule and rule revisions. 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) and 110(l) as well as the applicable requirements for a PSD permit program contained in part C of title I of the Act and 40 CFR 51.166. Section 110(a)(2)(A) of the Act requires that SIP rules be enforceable. Section 110(l) provides that the EPA may not approve a SIP revision if it would interfere with any applicable requirements concerning attainment and reasonable further progress or any other applicable 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. Part C of title I of the Act contains the general permit requirements for new major sources and major modifications proposing to construct in attainment areas. Additionally, 40 CFR 51.166 sets forth the EPA's regulatory requirements for SIP approval of a PSD permit program. B. Does the rule meet the evaluation criteria? The EPA has reviewed the submitted rule in accordance with the rule evaluation criteria described above. With respect to the procedural requirements at CAA sections 110(a)(2) and 110(l), we are proposing to approve the submitted rule because we have determined, based on our review of the public process documentation included in the January 24, 2017 submittal, that the PCAPCD has provided sufficient evidence of public notice and opportunity for comment and public hearing prior to adoption and submittal of this rule. With respect to the rest of the evaluation criteria, we are proposing to approve the submitted rule because we have determined that the rule satisfies the substantive statutory and regulatory requirements for a PSD permit program as set forth in the applicable provisions of part C of title I of the Act and in 40 CFR 51.166. This determination is based on our review of Rule 518 and clarifying information provided by the District in a letter dated May 22, 2018 (available in the docket for this action). Our TSD for this action contains a more detailed discussion of our evaluation. C. The EPA's Proposed Action and Public Comment 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 July 16, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the Placer County portion of the California 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 PCAPCD 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 proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, 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 [[Page 27740]] specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, New source review, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: June 4, 2018. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2018-12711 Filed 6-13-18; 8:45 am] BILLING CODE 6560-50-P
![27738 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules
Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 Once submitted, comments cannot be
1999); Environmental protection, Air removed or edited from Regulations.gov.
• Is not an economically significant pollution control, Incorporation by For either manner of submission, the
regulatory action based on health or reference, Intergovernmental relations, EPA may publish any comment received
safety risks subject to Executive Order Nitrogen dioxide, Ozone, Particulate to its public docket. Do not submit
13045 (62 FR 19885, April 23, 1997); matter, Reporting and recordkeeping electronically any information you
requirements, Sulfur oxides. consider to be Confidential Business
• Is not a significant regulatory action Information (CBI) or other information
subject to Executive Order 13211 (66 FR Authority: 42 U.S.C. 7401 et seq. whose disclosure is restricted by statute.
28355, May 22, 2001); Dated: May 30, 2018. Multimedia submissions (audio, video,
• Is not subject to requirements of Cosmo Servidio, etc.) must be accompanied by a written
Section 12(d) of the National Regional Administrator, Region III. comment. The written comment is
Technology Transfer and Advancement [FR Doc. 2018–12812 Filed 6–13–18; 8:45 am] considered the official comment and
Act of 1995 (15 U.S.C. 272 note) because BILLING CODE 6560–50–P should include discussion of all points
application of those requirements would you wish to make. The EPA will
be inconsistent with the CAA; and generally not consider comments or
ENVIRONMENTAL PROTECTION comment contents located outside of the
• Does not provide EPA with the
AGENCY primary submission (i.e. on the web,
discretionary authority to address, as
cloud, or other file sharing system). For
appropriate, disproportionate human 40 CFR Part 52 additional submission methods, please
health or environmental effects, using contact the person identified in the FOR
practicable and legally permissible [EPA–R09–OAR–2018–0282; FRL–9979–
34—Region 9] FURTHER INFORMATION CONTACT section.
methods, under Executive Order 12898 For the full EPA public comment policy,
(59 FR 7629, February 16, 1994). Approval of Air Plan Revisions; information about CBI or multimedia
In addition, this proposed rule, Approvals and Promulgations: submissions, and general guidance on
addressing West Virginia’s regional haze California; Placer County Air Pollution making effective comments, please visit
requirements and visibility protection Control District; Stationary Source https://www.epa.gov/dockets/
for the 2010 SO2 and 2012 PM2.5 Permits commenting-epa-dockets.
NAAQS and the withdrawal of the West FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection
Virginia regional haze regional FIP, does Laura Yannayon, EPA Region IX, (415)
Agency (EPA).
not have tribal implications as specified 972–3534, yannayon.laura@epa.gov.
ACTION: Proposed rule.
by Executive Order 13175 (65 FR 67249, SUPPLEMENTARY INFORMATION:
November 9, 2000), because the SIP is SUMMARY: The Environmental Protection Throughout this document, ‘‘we,’’ ‘‘us’’
not approved to apply in Indian country Agency (EPA) is proposing to approve a and ‘‘our’’ refer to the EPA.
located in the state, and EPA notes that revision to the Placer County Air
it will not impose substantial direct Pollution Control District (PCAPCD) Table of Contents
costs on tribal governments or preempt portion of the California State I. The State’s Submittal
tribal law. In addition, pursuant to CAA Implementation Plan (SIP). This A. What rule did the State submit?
section 307(d)(1)(B), EPA proposes to revision concerns the District’s B. Are there other versions of this rule?
determine that this action is subject to Prevention of Significant Deterioration C. What is the purpose of the submitted
the provisions of section 307(d). Section (PSD) permitting program for new and rule?
II. The EPA’s Evaluation and Action
307(d) establishes procedural modified sources of air pollution. We A. How is the EPA evaluating the rule?
requirements specific to certain are proposing action on a local rule B. Does the rule meet the evaluation
rulemaking actions under the CAA. under the Clean Air Act as amended in criteria?
Furthermore, section 307(d)(1)(V) of the 1990 (CAA or the Act). We are taking C. The EPA’s Proposed Action and Public
CAA provides that the provisions of comments on this proposal and plan to Comment
section 307(d) apply to ‘‘such other follow with a final action. III. Incorporation by Reference
actions as the Administrator may DATES: Any comments must arrive by IV. Statutory and Executive Order Reviews
determine.’’ EPA proposes that the July 16, 2018. I. The State’s Submittal
provisions of 307(d) apply to EPA’s ADDRESSES: Submit your comments,
action on the West Virginia SIP revision. identified by Docket ID No. EPA–R09– A. What rule did the State submit?
The withdrawal of the provisions of the OAR–2018–0282 at http:// Table 1 lists the rule addressed by this
West Virginia regional haze regional FIP www.regulations.gov, or via email to proposal with the dates that it was
is subject to the requirements of CAA Laura Yannayon, at yannayon.laura@ amended by the PCAPCD and submitted
section 307(d), as it constitutes a epa.gov. For comments submitted at by the California Air Resources Board
revision to a FIP under section 110(c) of Regulations.gov, follow the online (CARB), which is the governor’s
the CAA. instructions for submitting comments. designee for California SIP submittals.
TABLE 1—SUBMITTED RULE
daltland on DSKBBV9HB2PROD with PROPOSALS
Adopted or
Rule No. Rule title Submitted
amended
518 ......................... Prevention of Significant Deterioration (PSD) Permit Program .......................................... 10/13/16 1/24/17
On April 17, 2017, the EPA 2017, SIP submittal package conformed part 51, appendix V, which must be met
determined that CARB’s January 24, to the completeness criteria in 40 CFR before formal EPA review.
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![27740 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules
specified by Executive Order 13175 (65 Once submitted, comments cannot be regulated by this action. The table lists
FR 67249, November 9, 2000). edited or withdrawn. EPA may publish the types of entities of which EPA is
any comment received to its public aware that potentially could be affected
List of Subjects in 40 CFR Part 52
docket. Do not submit electronically any by this proposed rule. Other types of
Air pollution control, Environmental information you consider to be entities not listed on the table could also
protection, Incorporation by reference, Confidential Business Information (CBI) be affected. To determine whether your
Intergovernmental relations, New source or other information disclosure of which organization could be affected by this
review, Reporting and recordkeeping is restricted by statute. If you need to proposed rule, you should carefully
requirements. include CBI as part of your comment, examine the regulations in 40 CFR
Authority: 42 U.S.C. 7401 et seq. please visit https://www.epa.gov/ 80.27. If you have questions regarding
dockets/commenting-epa-dockets for the applicability of this action to a
Dated: June 4, 2018.
instructions. Multimedia submissions particular entity, call the person listed
Michael Stoker, (audio, video, etc.) must be in the FOR FURTHER INFORMATION
Regional Administrator, Region IX. accompanied by a written comment. CONTACT section of this preamble.
[FR Doc. 2018–12711 Filed 6–13–18; 8:45 am] The written comment is considered the
B. What is the Agency’s authority for
BILLING CODE 6560–50–P official comment and should include
taking this action?
discussion of all points you wish to
make. The statutory authority for this action
ENVIRONMENTAL PROTECTION For additional submission methods, is granted to EPA by sections 211(h) and
AGENCY the full EPA public comment policy, 301(a) of the CAA, as amended; 42
and general guidance on making U.S.C. 7545(h) and 7601(a).
40 CFR Part 80 effective comments, please visit https://
[EPA–HQ–OAR–2018–0172; FRL–9979–33– www.epa.gov/dockets/commenting-epa- II. Public Participation
OAR] dockets.
EPA will not hold a public hearing on
RIN 2060–AT91 FOR FURTHER INFORMATION CONTACT: this matter unless a request is received
Dave Sosnowski, Office of by the person identified in the FOR
Relaxation of the Federal Reid Vapor Transportation and Air Quality, FURTHER INFORMATION CONTACT section of
Pressure (RVP) Gasoline Volatility Environmental Protection Agency, 2000 this preamble by June 29, 2018. If EPA
Standard for Baton Rouge, Louisiana Traverwood Drive, Ann Arbor, receives such a request, we will publish
Michigan, 48105; telephone number: information related to the timing and
AGENCY: Environmental Protection (734) 214–4823; fax number: (734) 214–
Agency. location of the hearing and a new
4052; email address: sosnowski.dave@ deadline for public comment.
ACTION: Proposed rule. epa.gov. You may also contact Rudolph
Kapichak at the same address; telephone III. Background and Proposal
SUMMARY: The Environmental Protection number: (734) 214–4574; fax number:
Agency (EPA) is proposing to approve a A. Summary of the Proposal
(734) 214–4052; email address:
request from Louisiana for EPA to relax kapichak.rudolph@epa.gov. EPA is proposing to approve a request
the federal Reid Vapor Pressure (RVP) from Louisiana to change the
SUPPLEMENTARY INFORMATION:
standard applicable to gasoline summertime federal RVP standard for
The contents of this preamble are
introduced into commerce from June 1 the parishes of East Baton Rouge, West
listed in the following outline:
to September 15 of each year for the Baton Rouge, Livingston, Ascension,
Louisiana parishes of East Baton Rouge, I. General Information
II. Public Participation and Iberville (henceforth ‘‘the Baton
West Baton Rouge, Livingston, Rouge area’’) from 7.8 psi to 9.0 psi by
III. Background and Proposal
Ascension, and Iberville (the Baton IV. Statutory and Executive Order Reviews amending EPA’s regulations at 40 CFR
Rouge area). Specifically, EPA is V. Legal Authority 80.27(a)(2). On April 10, 2017, the
proposing to amend the regulations to Louisiana Department of Environmental
allow the RVP standard for the Baton I. General Information Quality (LDEQ or State) requested a
Rouge area to change from 7.8 pounds relaxation of the federal RVP
per square inch (psi) to 9.0 psi for A. Does this action apply to me?
requirements. Before EPA could act on
gasoline. EPA has preliminarily Entities potentially affected by this LDEQ’s request, the State needed to
determined that this change to the proposed rule are fuel producers and revise its approved section 175A
federal RVP regulation is consistent distributors involved in the supplying of maintenance plan and demonstrate that
with the applicable provisions of the gasoline to the Baton Rouge area. relaxing the federal RVP requirement
Clean Air Act (CAA). from 7.8 psi to 9.0 psi for gasoline sold
DATES: Written comments must be Examples of potentially NAICS 1
regulated entities codes from June 1 to September 15 of each
received on or before July 16, 2018 year in the Baton Rouge area would not
unless a public hearing is requested by Petroleum Refineries ................ 324110 interfere with maintenance of any
June 29, 2018. If EPA receives such a Gasoline Marketers and Dis- NAAQS, including the 2008 and 2015
request, we will publish information tributors ................................. 424710 ozone NAAQS, or any other applicable
related to the timing and location of the 424720 CAA requirement, under CAA section
daltland on DSKBBV9HB2PROD with PROPOSALS
hearing and a new deadline for public Gasoline Retail Stations ........... 447110
110(l). This demonstration was
comment. Gasoline Transporters .............. 484220
484230 performed and a revised maintenance
ADDRESSES: Submit your comments, plan was submitted to EPA for approval
1 North American Industry Classification
identified by Docket ID No. EPA–HQ– on January 31, 2018. On April 13, 2018,
OAR–2018–0172, to the Federal System. EPA proposed approval of Louisiana’s
eRulemaking Portal: https:// The above table is not intended to be maintenance revision and non-
www.regulations.gov. Follow the online exhaustive, but rather provides a guide interference demonstration for the 2008
instructions for submitting comments. for readers regarding entities likely to be ozone NAAQS (83 FR 16017); EPA
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Document Created: 2018-06-14 01:39:17
Document Modified: 2018-06-14 01:39:17
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by July 16, 2018. | |
| Contact | Laura Yannayon, EPA Region IX, (415) 972-3534, [email protected] | |
| FR Citation | 83 FR 27738 | |
| CFR Associated | Air Pollution Control; Environmental Protection; Incorporation by Reference; Intergovernmental Relations; New Source Review and Reporting and Recordkeeping Requirements |
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