83 FR 29483 - Air Plan Approval; California; San Diego County Air Pollution Control District; Stationary Source Permits and Exemptions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 122 (June 25, 2018)
Federal Register Volume 83, Issue 122 (June 25, 2018)
| Page Range | 29483-29486 | |
| FR Document | 2018-13348 |
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)] [Proposed Rules] [Pages 29483-29486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13348] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0233; FRL-9979-35--Region 9] Air Plan Approval; California; San Diego County Air Pollution Control District; Stationary Source Permits and Exemptions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve and conditionally approve revisions to the San Diego County Air Pollution Control District's (SDAPCD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA). This action updates the SDAPCD's applicable SIP with current SDAPCD permitting rules. We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by July 25, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0233 at http://www.regulations.gov, or via email to [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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Ya-Ting Tsai, EPA Region IX, (415) 972-3328, [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 rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Proposed Action and Public Comment III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal with the dates when they were adopted by the SDAPCD and submitted by the California Air Resources Board (CARB), which is the governor's designee for California SIP submittals. Collectively, these submittals generally constitute the SDAPCD's current program for preconstruction review and permitting of new or modified stationary sources under its jurisdiction. The rule revisions that are the subject of this action represent a comprehensive revision to the SDAPCD's preconstruction review and permitting program and are intended to satisfy the requirements under part D of title I of the Act (nonattainment NSR or NNSR) as well as the general preconstruction review requirements under section 110(a)(2)(C) of the Act (minor NSR). The SDAPCD does not implement a SIP-approved prevention of significant deterioration (PSD) permitting program and has not submitted the rules in this action for purposes of the PSD program; therefore, we are not evaluating whether this SIP submittal satisfies PSD program requirements at 40 CFR 51.166. Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Submitted Rule No. Rule title Adopted date date ---------------------------------------------------------------------------------------------------------------- 11......................................... Exemptions from Rule 10 Permit 05/11/2016 08/22/2016 Requirements. 20......................................... Standards for Granting Permits..... 06/10/1986 11/21/1986 20.1....................................... New Source Review--General 04/27/2016 06/17/2016 Provisions. 20.2 *..................................... New Source Review--Non-Major 04/27/2016 06/17/2016 Stationary Sources. 20.3 *..................................... New Source Review--Major Stationary 04/27/2016 06/17/2016 Sources and PSD Stationary Sources. 20.4 *..................................... New Source Review--Portable 04/27/2016 06/17/2016 Emission Units. 20.6....................................... Standards for Permit to Operate Air 04/27/2016 06/17/2016 Quality Analysis. 24......................................... Temporary Permit to Operate........ 06/29/2016 08/22/2016 ---------------------------------------------------------------------------------------------------------------- * The following subsections of the Rules 20.2-20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.2 Subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5). On October 14, 2016, the EPA determined that the submittal of Rules 20.1, 20.2, 20.3, 20.4 and 20.6 met the completeness criteria in 40 CFR part 51 appendix V, which must be met before formal EPA review. On September 27, [[Page 29484]] 2016, we determined that the submitted versions of Rules 11 and 24 met these completeness criteria. On May 21, 1987, the submittal of Rule 20 was deemed complete by operation of law. In addition to these SIP submittals, on April 27, 2018 the District and CARB transmitted a commitment letter to the EPA to adopt and submit specific enforceable measures by July 31, 2019 to address deficiencies in the submitted rules identified by the EPA.\1\ --------------------------------------------------------------------------- \1\ Letter dated April 16, 2018, from Jim Swaney, P.E., to Carol Sutkus and Doris Lo, Subject: ``Commitment Letter to Fix Deficiencies in New Source Review Rules State Implementation Plan Submittal''; letter dated April 27, 2018, from Dr. Michael Benjamin to Alexis Strauss. --------------------------------------------------------------------------- B. Are there other versions of these rules? The EPA last approved significant revisions or updates to the SDAPCD's SIP-approved NSR program in the 1980s. The existing SIP- approved NSR program for new or modified stationary sources under the SDAPCD's jurisdiction generally consists of the versions of the rules identified below in Table 2. Table 2--SIP Approved Rules ---------------------------------------------------------------------------------------------------------------- SIP approval Rule No. Rule title date Federal Register citation ---------------------------------------------------------------------------------------------------------------- 11................................. Exemptions from Rule 10 07/06/1982 47 FR 29233 \2\ Permit Requirements. 20................................. Standards for Granting 09/22/1972 37 FR 19812 Applications. 20.1............................... New Source Review--General 04/14/1981 46 FR 21757 Provisions. 20.2............................... New Source Review--Non- 04/14/1981 46 FR 21757 Major Stationary Sources. 20.3............................... New Source Review--Major 04/14/1981 46 FR 21757 Stationary Sources and PSD Stationary Sources. 20.4............................... New Source Review--Portable 04/14/1981 46 FR 21757 Emission Units. 20.6............................... Standards for Permit to 04/14/1981 46 FR 21757 Operate Air Quality Analysis. 24................................. Temporary Permit to Operate 10/24/2008 73 FR 63382 ---------------------------------------------------------------------------------------------------------------- Collectively, these regulations establish the NSR requirements that are currently in place for both major and minor stationary sources under the SDAPCD's jurisdiction in California. If the EPA finalizes the action proposed herein, these rules will be replaced in the SIP by the submitted set of rules listed in Table 1. --------------------------------------------------------------------------- \2\ The EPA approved Rule 11 in its entirety for incorporation into the California SIP in September 22, 1972 (37 FR 19812) and approved revisions in 1982. --------------------------------------------------------------------------- C. What is the purpose of the submitted rule revisions? As noted above and described in further detail below, the submitted rules are intended to satisfy the minor NSR and NNSR requirements of section 110(a)(2)(C) and part D of title I of the Act, and related EPA regulations. Minor NSR requirements are generally applicable for SIPs in all areas, while NNSR requirements apply only for areas designated as nonattainment for one or more National Ambient Air Quality Standards (NAAQS). San Diego County is currently classified as a ``moderate'' nonattainment area for the 2008 8-hour ozone NAAQS and is designated attainment or unclassifiable for all other NAAQS. See 40 CFR 81.305. Therefore, in addition to being subject to the requirements for minor NSR at section 110(a)(2)(C) of the Act, California is required to adopt and implement a SIP-approved NNSR permitting program that applies to new or modified major stationary sources of ozone and ozone precursors within the San Diego County nonattainment area, under part D of title I of the Act. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? The EPA has evaluated the submitted rules for compliance with applicable requirements of section 110(a)(2)(C) and part D of title I of the CAA and associated regulations at 40 CFR 51.160-165, consistent with the District's current classification as a ``moderate'' nonattainment area for the 2008 8-hour ozone NAAQS. We have also reviewed the rules for consistency with other CAA general requirements for SIP submittals, including requirements at section 110(a)(2) regarding rule enforceability, and requirements at sections 110(l) and 193 for SIP revisions. Section 110(a)(2)(C) of the Act requires each SIP to include a 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. These requirements, commonly referred to as the ``minor NSR'' or ``general NSR'' program, apply generally to both major and non-major stationary sources and modifications and in both attainment and nonattainment areas, in contrast to the specific statutory and regulatory requirements for PSD and NNSR permitting programs under parts C and D of title I of the Act that apply to major sources in attainment and nonattainment areas, respectively. Part D of title I of the Act, and the implementing regulations at 40 CFR 51.165, contain the NNSR program requirements for major stationary sources and major modifications (as those terms are defined at 40 CFR 51.165) at facilities that are located in a nonattainment area and are major sources for the pollutants for which the area has been designated nonattainment. The SDAPCD has elected not to submit rules to satisfy requirements of the PSD program under part C of title I of the Act for major stationary sources in attainment areas at this time. Accordingly, the EPA is not evaluating whether this SIP submittal satisfies PSD program requirements at 40 CFR 51.166, and some portions of Rules 20.2-20.4 addressing major sources in attainment areas are excluded from the submittal. See Table 1. The EPA remains the PSD permitting authority in San Diego County. Section 110(a)(2)(A) of the Act requires that regulations submitted to the EPA for SIP approval must be clear and legally enforceable. 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 prohibits the modification of a SIP-approved control requirement in effect before November 15, 1990 in a nonattainment [[Page 29485]] area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s). With respect to procedures, CAA sections 110(a) and 110(l) require that a state conduct reasonable notice and hearing before adopting a SIP revision. B. Do the rules meet the evaluation criteria? With the exceptions noted below, the EPA finds that the submitted rules generally satisfy the applicable CAA and regulatory requirements. Accordingly, we are proposing to fully approve Rules 11, 20, and 24 under CAA section 110(k)(3), and to conditionally approve Rules 20.1, 20.2, 20.3, 20.4, and 20.6 under CAA section 110(k)(4). Below, we discuss generally our evaluation of the submitted rules. The technical support document (TSD) included in the docket for this proposed rulemaking contains a more detailed analysis. We find that the submitted rules satisfy the minor NSR requirements. The rules clearly identify the kinds of projects subject to review under the District's program, include legally enforceable procedures to ensure that construction will not violate the state's control strategy or interfere with attainment or maintenance of the NAAQS, provide for public availability of relevant information, and meet other requirements of the minor NSR regulations at 40 CFR 51.160- 164. In general, Rules 11, 20, 20.1, 20.6 and 24 incorporate general regulatory requirements of the minor NSR program, while Rules 20.2, 20.3, and 20.4 apply applicable elements of the program to minor stationary sources, major stationary sources, and portable emission units, respectively. We find that the submitted rules satisfy nearly all applicable statutory and regulatory NNSR requirements, including definitions, applicability procedures, and requirements for sources in nonattainment areas to obtain emission reduction offsets and comply with the lowest achievable emissions rate. These requirements are met substantially through Rule 20.1, and other elements are addressed in Rules 20.2-20.4. The EPA has identified two deficiencies in the rules. First, the submitted rules do not contain recordkeeping and reporting requirements for sources using an actual-to-potential-actual test to determine applicability of major source requirements. The submitted Rule 20.1 provides an option for sources to use the federal actual-to-potential- actual test under 40 CFR 51.165(a)(2)(ii)(B) through (F); however, the rule does not include associated provisions at 40 CFR 51.165(a)(6) and (7) that require these sources to comply with recordkeeping and reporting requirements. Second, the rules do not incorporate the requirement at section 173(a)(4) of the Act, which states that NNSR permit programs shall provide that permits to construct and operate may not be issued if the EPA Administrator has determined that the applicable implementation plan for the nonattainment area is not being adequately implemented. As described below, these deficiencies are the basis for the EPA's proposed conditional approval of the District's June 17, 2016 submittal. The submitted rules comply with the substantive and procedural requirements of CAA section 110(l). With respect to the procedural requirements, based on our review of the public process documentation included with the submitted rules, we find that the SDAPCD has provided sufficient evidence of public notice and opportunity for comment and public hearings prior to submittal of this SIP revision and has satisfied these procedural requirements under CAA section 110(l). With respect to the substantive requirements of CAA section 110(l), we have determined that our approval of the submitted rules would strengthen the applicable SIP. The current SIP-approved San Diego NNSR program is significantly out of date when compared with current federal NNSR regulatory requirements, and the updated versions of the submitted rules bring the program up to date with current requirements. As a whole, the submitted rules are more stringent and will be more protective of air quality in San Diego County, and we have determined that our approval of this SIP submittal would not interfere with any applicable requirement concerning attainment and RFP or any other applicable requirement of the Act. Similarly, we find that the submitted rules are approvable under section 193 of the Act. Most of the submitted rules were last approved prior to November 15, 1990, and are subject to the general requirement to ensure equivalent or greater emission reductions. We have determined that the submitted rules will ensure greater reductions overall relative to the SIP-approved version of the rules. The submitted rules are otherwise consistent with criteria for the EPA's approval of regulations submitted for inclusion in the SIP, including the requirement at CAA section 110(c)(2)(A) that submitted regulations be clear and legally enforceable. For the reasons stated above and explained further in our TSD, we find that the submitted NSR rules generally satisfy the applicable CAA and regulatory requirements for minor NSR and NNSR permit programs under CAA section 110(a)(2)(C) and part D of title I of the Act and other applicable requirements, subject to the two exceptions noted above where the EPA has identified a deficiency. For those exceptions, the District and CARB have committed to adopt and submit revisions to address the identified deficiencies within a year of the date of approval, consistent with the requirements at CAA section 110(k)(4) for conditional approval. C. Proposed Action and Public Comment Based on our evaluation of the submitted rules, the EPA is proposing to fully approve the SDAPCD's August 22, 2016 and November 21, 1986 submittals (consisting of Rules 11, 20, and 24), and to conditionally approve the District's June 17, 2016 submittal (consisting of Rules 20.1, 20.2, 20.3, 20.4, and 20.6). Under CAA section 110(k)(3), the EPA may approve a plan revision in whole or in part if it meets all applicable requirements. Under CAA section 110(k)(4), the EPA may conditionally approve a plan revision based on a commitment by the state to adopt specific enforceable measures by a date certain but not later than one year after the date of the plan approval. As described above, the EPA has determined that the submitted rules generally comply with most applicable requirements, but do not satisfy the requirements at 40 CFR 51.165(a)(6) and (7) and section 173(a)(4) of the Act. On April 16, 2018, the District transmitted to CARB and the EPA a commitment to revise the submitted rules by amending Rule 20.1 to incorporate the requirements at 40 CFR 51.165(a)(6) and (7) and by amending Rule 20.3 to incorporate the requirement at CAA section 173(a)(4), and to transmit the revised rules to CARB no later than June 30, 2019. The amendments to Rules 20.1 and 20.3 as described above will cure the deficiencies in Rules 20.2, 20.4, and 20.6. On April 27, 2018, CARB committed to submit these rules to the EPA no later than July 31, 2019. These letters commit the District to adopt specific enforceable measures to correct the rule deficiencies and commit the state to submit them to the EPA by a date certain, and the EPA has determined that if the District adopts and submits these revisions as committed, the identified deficiencies will be cured. Accordingly, we find that [[Page 29486]] these commitment letters are consistent with CAA requirements regarding conditional approval at CAA section 110(k)(4). The intended effect of our proposed conditional approval action is to update the applicable SIP with current SDAPCD rules and provide the SDAPCD the opportunity to correct the identified deficiencies. If we finalize this action as proposed, our action would be codified through revisions to 40 CFR 52.220 (Identification of plan--in part) and 40 CFR 52.248 (Identification of plan--conditional approval). If the State meets its commitment to submit the required measures and the EPA approves the submission, then the deficiencies listed above will be cured. However, if the District fails to submit these revisions within the required timeframe, the conditional approval will become a disapproval, and the EPA will issue a finding of disapproval. The EPA is not required to propose the finding of disapproval. Further, a finding of disapproval would start an 18-month clock to apply sanctions under CAA section 179(b) and a two-year clock for a federal implementation plan under CAA section 110(c)(1). We will accept comments from the public on this proposal until July 25, 2018. III. Incorporation by Reference In this document, 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 SDAPCD rules 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 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); 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). List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 4, 2018. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2018-13348 Filed 6-22-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 29483
.com/wps/portal. You may view this service DATES: Any comments must arrive by B. Are there other versions of these
information at the FAA, Engine and Propeller July 25, 2018. rules?
Standards Branch, 1200 District Avenue,
ADDRESSES: Submit your comments, C. What is the purpose of the
Burlington, MA. For information on the
availability of this material at the FAA, call identified by Docket ID No. EPA–R09– submitted rule revisions?
781–238–7759. OAR–2018–0233 at http:// II. The EPA’s Evaluation and Action
www.regulations.gov, or via email to A. How is the EPA evaluating the
Issued in Burlington, Massachusetts, on
R9AirPermits@epa.gov. For comments rules?
June 19, 2018.
submitted at Regulations.gov, follow the B. Do the rules meet the evaluation
Robert J. Ganley,
online instructions for submitting criteria?
Manager, Engine and Propeller Standards comments. Once submitted, comments
Branch, Aircraft Certification Service. C. Proposed Action and Public
cannot be removed or edited from Comment
[FR Doc. 2018–13523 Filed 6–22–18; 8:45 am] Regulations.gov. For either manner of
BILLING CODE 4910–13–P III. Incorporation by Reference
submission, the EPA may publish any
comment received to its public docket. IV. Statutory and Executive Order
Do not submit electronically any Reviews
ENVIRONMENTAL PROTECTION information you consider to be I. The State’s Submittal
AGENCY Confidential Business Information (CBI)
or other information whose disclosure is A. What rules did the State submit?
40 CFR Part 52 restricted by statute. Multimedia Table 1 lists the rules addressed by
[EPA–R09–OAR–2018–0233; FRL–9979– submissions (audio, video, etc.) must be this proposal with the dates when they
35—Region 9] accompanied by a written comment. were adopted by the SDAPCD and
The written comment is considered the submitted by the California Air
Air Plan Approval; California; San official comment and should include Resources Board (CARB), which is the
Diego County Air Pollution Control discussion of all points you wish to governor’s designee for California SIP
District; Stationary Source Permits and make. The EPA will generally not submittals. Collectively, these
Exemptions consider comments or comment submittals generally constitute the
AGENCY: Environmental Protection contents located outside of the primary SDAPCD’s current program for
Agency (EPA). submission (i.e., on the web, cloud, or preconstruction review and permitting
other file sharing system). For of new or modified stationary sources
ACTION: Proposed rule.
additional submission methods, please under its jurisdiction. The rule revisions
SUMMARY: The Environmental Protection contact the person identified in the FOR that are the subject of this action
Agency (EPA) is proposing to approve FURTHER INFORMATION CONTACT section. represent a comprehensive revision to
and conditionally approve revisions to For the full EPA public comment policy, the SDAPCD’s preconstruction review
the San Diego County Air Pollution information about CBI or multimedia and permitting program and are
Control District’s (SDAPCD or submissions, and general guidance on intended to satisfy the requirements
‘‘District’’) portion of the California making effective comments, please visit under part D of title I of the Act
State Implementation Plan (SIP). These http://www2.epa.gov/dockets/ (nonattainment NSR or NNSR) as well
revisions concern the District’s New commenting-epa-dockets. as the general preconstruction review
Source Review (NSR) permitting FOR FURTHER INFORMATION CONTACT: Ya- requirements under section 110(a)(2)(C)
program for new and modified sources Ting Tsai, EPA Region IX, (415) 972– of the Act (minor NSR). The SDAPCD
of air pollution under section 3328, Tsai.Ya-Ting@epa.gov. does not implement a SIP-approved
110(a)(2)(C) and part D of title I of the SUPPLEMENTARY INFORMATION: prevention of significant deterioration
Clean Air Act (CAA). This action Throughout this document, ‘‘we,’’ ‘‘us’’ (PSD) permitting program and has not
updates the SDAPCD’s applicable SIP and ‘‘our’’ refer to the EPA. submitted the rules in this action for
with current SDAPCD permitting rules. purposes of the PSD program; therefore,
We are taking comments on this Table of Contents we are not evaluating whether this SIP
proposal and plan to follow with a final I. The State’s Submittal submittal satisfies PSD program
action. A. What rules did the State submit? requirements at 40 CFR 51.166.
TABLE 1—SUBMITTED RULES
Adopted Submitted
Rule No. Rule title date date
11 .............................. Exemptions from Rule 10 Permit Requirements .............................................................. 05/11/2016 08/22/2016
20 .............................. Standards for Granting Permits ........................................................................................ 06/10/1986 11/21/1986
20.1 ........................... New Source Review—General Provisions ....................................................................... 04/27/2016 06/17/2016
20.2 * ......................... New Source Review—Non-Major Stationary Sources ..................................................... 04/27/2016 06/17/2016
20.3 * ......................... New Source Review—Major Stationary Sources and PSD Stationary Sources ............. 04/27/2016 06/17/2016
20.4 * ......................... New Source Review—Portable Emission Units ............................................................... 04/27/2016 06/17/2016
20.6 ........................... Standards for Permit to Operate Air Quality Analysis ...................................................... 04/27/2016 06/17/2016
amozie on DSK3GDR082PROD with PROPOSALS1
24 .............................. Temporary Permit to Operate ........................................................................................... 06/29/2016 08/22/2016
* The following subsections of the Rules 20.2–20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.2 Subsections
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Sub-
sections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
On October 14, 2016, the EPA 20.1, 20.2, 20.3, 20.4 and 20.6 met the appendix V, which must be met before
determined that the submittal of Rules completeness criteria in 40 CFR part 51 formal EPA review. On September 27,
VerDate Sep<11>2014 16:25 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1](https://thefederalregister.org/doc/83_FR_29605/page/1.svg)
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these commitment letters are consistent • Is not a significant regulatory action Dated: June 4, 2018.
with CAA requirements regarding subject to review by the Office of Michael Stoker,
conditional approval at CAA section Management and Budget under Regional Administrator, Region IX.
110(k)(4). Executive Orders 12866 (58 FR 51735, [FR Doc. 2018–13348 Filed 6–22–18; 8:45 am]
The intended effect of our proposed October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P
conditional approval action is to update January 21, 2011);
the applicable SIP with current • Does not impose an information
SDAPCD rules and provide the SDAPCD collection burden under the provisions ENVIRONMENTAL PROTECTION
the opportunity to correct the identified of the Paperwork Reduction Act (44 AGENCY
deficiencies. If we finalize this action as U.S.C. 3501 et seq.);
proposed, our action would be codified • Is certified as not having a 40 CFR Parts 52 and 81
through revisions to 40 CFR 52.220 significant economic impact on a [EPA–R07–OAR–2017–0349; FRL–9979–
(Identification of plan—in part) and 40 substantial number of small entities 84—Region 7]
CFR 52.248 (Identification of plan— under the Regulatory Flexibility Act (5
conditional approval). U.S.C. 601 et seq.); Approval of Missouri Air Quality
If the State meets its commitment to • Does not contain any unfunded Implementation Plans; Redesignation
submit the required measures and the mandate or significantly or uniquely of the Missouri Portion of the St.
EPA approves the submission, then the affect small governments, as described Louis-St. Charles-Farmington, MO-IL
deficiencies listed above will be cured. in the Unfunded Mandates Reform Act 2008 Ozone Area to Attainment
However, if the District fails to submit of 1995 (Pub. L. 104–4);
these revisions within the required AGENCY: Environmental Protection
• Does not have Federalism Agency (EPA).
timeframe, the conditional approval will implications as specified in Executive
become a disapproval, and the EPA will ACTION: Proposed rule.
Order 13132 (64 FR 43255, August 10,
issue a finding of disapproval. The EPA 1999); SUMMARY: The Environmental Protection
is not required to propose the finding of • Is not an economically significant Agency (EPA) is proposing to approve a
disapproval. Further, a finding of regulatory action based on health or request from the Missouri Department of
disapproval would start an 18-month safety risks subject to Executive Order Natural Resources (MDNR) to
clock to apply sanctions under CAA 13045 (62 FR 19885, April 23, 1997); redesignate the Missouri portion of the
section 179(b) and a two-year clock for • Is not a significant regulatory action St. Louis-St. Charles-Farmington, MO-IL
a federal implementation plan under subject to Executive Order 13211 (66 FR nonattainment area (‘‘St. Louis area’’ or
CAA section 110(c)(1). 28355, May 22, 2001); ‘‘area’’) to attainment for the 2008 ozone
We will accept comments from the • Is not subject to requirements of National Ambient Air Quality Standard
public on this proposal until July 25, section 12(d) of the National (NAAQS). MDNR submitted this request
2018. Technology Transfer and Advancement on September 12, 2016, with a
III. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because supplemental submission on February
In this document, the EPA is application of those requirements would 16, 2018, to include a revised motor
proposing to include in a final EPA rule be inconsistent with the Clean Air Act; vehicle emissions budget. EPA is
regulatory text that includes and proposing this action because the
incorporation by reference. In • Does not provide the EPA with the request meets the statutory requirements
accordance with requirements of 1 CFR discretionary authority to address, as for redesignation under the Clean Air
51.5, the EPA is proposing to appropriate, disproportionate human Act (CAA). As part of this action, EPA
incorporate by reference the SDAPCD health or environmental effects, using is also proposing to approve, as a
rules described in Table 1 of this practicable and legally permissible revision to the Missouri State
preamble. The EPA has made, and will methods, under Executive Order 12898 Implementation Plan (SIP), the state’s
continue to make, these materials (59 FR 7629, February 16, 1994). plan for maintaining the 2008 8-hour
available through www.regulations.gov In addition, the SIP is not approved ozone NAAQS through 2030. Finally,
and at the EPA Region IX Office (please to apply on any Indian reservation land EPA finds adequate and is proposing to
contact the person identified in the FOR or in any other area where the EPA or approve, as a SIP revision, the State’s
FURTHER INFORMATION CONTACT section of
an Indian tribe has demonstrated that a 2030 volatile organic compound (VOC)
this preamble for more information). tribe has jurisdiction. In those areas of and oxides of nitrogen (NOX) Motor
Indian country, the rule does not have Vehicle Emission Budgets (MVEBs) for
IV. Statutory and Executive Order tribal implications and will not impose the Missouri portion of the St. Louis
Reviews substantial direct costs on tribal area. EPA addressed the Illinois portion
Under the CAA, the EPA governments or preempt tribal law as of the St. Louis area in a separate
Administrator is required to approve a specified by Executive Order 13175 (65 rulemaking action on March 1, 2018. 83
SIP submission that complies with the FR 67249, November 9, 2000). FR 8756.
provisions of the Act and applicable DATES: Comments must be received on
List of Subjects in 40 CFR Part 52
Federal regulations. 42 U.S.C. 7410(k); or before July 25, 2018.
40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, ADDRESSES: Submit your comments,
submissions, the EPA’s role is to Administrative practice and procedure, identified by Docket ID No. EPA–R07–
amozie on DSK3GDR082PROD with PROPOSALS1
approve state choices, provided that Air pollution control, Carbon monoxide, OAR–2017–0349, to https://
they meet the criteria of the Act. Incorporation by reference, www.regulations.gov. Follow the online
Accordingly, this action merely Intergovernmental relations, Lead, instructions for submitting comments.
approves state law as meeting Federal Nitrogen dioxide, Ozone, Particulate Once submitted, comments cannot be
requirements and does not impose matter, Reporting and recordkeeping edited or removed from Regulations.gov.
additional requirements beyond those requirements, Sulfur dioxide, Volatile The EPA may publish any comment
imposed by state law. For that reason, organic compounds. received to its public docket. Do not
this action: Authority: 42 U.S.C. 7401 et seq. submit electronically any information
VerDate Sep<11>2014 16:25 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1](https://thefederalregister.org/doc/83_FR_29605/page/4.svg)
Document Created: 2018-06-23 02:29:40
Document Modified: 2018-06-23 02:29:40
| 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 25, 2018. | |
| Contact | Ya-Ting Tsai, EPA Region IX, (415) 972-3328, [email protected] | |
| FR Citation | 83 FR 29483 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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