83 FR 34949 - Approval of California Plan Revisions; Northern Sonoma County Air Pollution Control District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 142 (July 24, 2018)
Federal Register Volume 83, Issue 142 (July 24, 2018)
| Page Range | 34949-34951 | |
| FR Document | 2018-15727 |
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)] [Rules and Regulations] [Pages 34949-34951] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15727] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0171; FRL-9980-01--Region 9] Approval of California Plan Revisions; Northern Sonoma County Air Pollution Control District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Northern Sonoma County Air Pollution Control District (NSCAPCD or District) portion of the California State Implementation Plan (SIP). These revisions concern the District's prevention of significant deterioration (PSD) permitting program for new and modified sources of air pollution. We are approving local rules under the Clean Air Act (CAA or the Act). DATES: This rule is effective on August 23, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0171. All documents in the docket are listed on the http://www.regulations.gov website. 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, nguyen.thien@epa.gov. 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 April 4, 2018, the EPA proposed an approval of Rules 130-- Definitions, 220--New Source Review, and 230--Action on Applications, as noted in Table 1, submitted by the California Air Resources Board (CARB) for incorporation into the NSCAPCD portion of the California SIP. 81 FR 69390. Table 1 also lists the dates the rules were adopted by the NSCAPCD and submitted by CARB, which is the governor's designee for California SIP submittals. Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- NSCAPCD............................... 130 Definitions............. 5/3/2017 6/12/17 NSCAPCD............................... 220 New Source Review....... 5/3/2017 6/12/17 NSCAPCD............................... 230 Action on Applications.. 5/3/2017 6/12/17 ---------------------------------------------------------------------------------------------------------------- Rules 130, 220, and 230 contain the requirements for review and permitting of individual stationary sources in the NSCAPCD. We proposed to approve these rules because we determined that they comply with the relevant CAA requirements. The changes the District made to the rules listed above resolve the limited disapproval issues identified in a previous action. 81 FR 69390 (October 6, 2016). The EPA listed four items that need addressing for the three rules with limited approval to become fully approved--listing lead as a pollutant and indicating a significant emission rate, requiring provisions for air quality modeling based on applicable models, databases, and other requirements as specified in Part 51 Appendix W, correcting a typographic error, and including specific language regarding source obligations. The revisions to the three submitted rules address these four deficiencies. We are now finalizing approval of Rules 130, 220, and 230 because we have determined these rules satisfy all of the statutory and regulatory requirements for an NSR permit program (including the PSD program) as set forth in the applicable provisions of part C of title I of the Act and in 40 CFR 51.165 and 40 CFR 51.307. 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. Only one comment pertained to the action. This comment was submitted by the NSCAPCD expressing support for the EPA's proposed action. The NSCAPCD states that this action will help the District maintain its portion of the California SIP in good standing. The EPA thanks the NSCAPCD for its support of our proposed action. The comments have been added to the docket for this action and are accessible at www.regulations.gov. [[Page 34950]] 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 NSCAPCD 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, these rules do 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 these rules 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 September 24, 2018. Filing a petition for reconsideration by the Administrator of these final rules does not affect the finality of these rules 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 rules or action. This action may not be challenged later in proceedings to 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: June 12, 2018. Deborah Jordan, 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)(480)(i)(A)(5) through (7) and (c)(504)(i)(B) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (480) * * * (i) * * * (A) * * * (5) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(1) of this section and now deleted with replacement in (c)(504)(i)(B)(1), Rule 130, ``Definitions'' adopted on November 14, 2014. (6) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(3) of this section and now deleted with replacement in (c)(504)(i)(B)(2), Rule 220, ``New Source Review'' adopted on November 14, 2014. (7) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(4) of this section and now deleted with replacement in (c)(504)(i)(B)(3), Rule 230, ``Action on Applications'' adopted on November 14, 2014. * * * * * (504) * * * (i) * * * (B) Northern Sonoma County Air Pollution Control District. (1) Rule 130, ``Definitions,'' amended on May 3, 2017. (2) Rule 220, ``New Source Review Standards (including PSD Evaluations),'' amended on May 3, 2017. [[Page 34951]] (3) Rule 230, ``Action on Applications,'' amended on May 3, 2017. * * * * * [FR Doc. 2018-15727 Filed 7-23-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34949
In accordance with the general ENVIRONMENTAL PROTECTION disclosure is restricted by statute.
regulations in 33 CFR part 165, subpart AGENCY Certain other material, such as
C, no vessel operator may enter, transit, copyrighted material, is not placed on
moor, or anchor within this safety zone, 40 CFR Part 52 the internet and will be publicly
except for vessels authorized by the [EPA–R09–OAR–2018–0171; FRL–9980– available only in hard copy form.
Captain of the Port, Puget Sound or her 01—Region 9] Publicly available docket materials are
designated representative. All vessel available through http://
operators desiring entry into this safety Approval of California Plan Revisions; www.regulations.gov, or please contact
zone shall gain prior authorization by Northern Sonoma County Air Pollution the person identified in the FOR FURTHER
contacting either the on-scene patrol Control District; Stationary Source INFORMATION CONTACT section for
Permits additional availability information.
craft on VHF Ch. 13 or Ch. 16, or Coast
Guard Sector Puget Sound Joint Harbor AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: T.
Operations Center (JHOC) via telephone Agency (EPA). Khoi Nguyen, EPA Region IX, (415)
at (206) 217–6002. Vessel operators ACTION: Final rule. 947–4120, nguyen.thien@epa.gov.
granted individual permission to enter SUPPLEMENTARY INFORMATION:
this safety zone will be escorted by the SUMMARY: The Environmental Protection
Agency (EPA) is taking final action to Throughout this document, ‘‘we,’’ ‘‘us’’
on-scene patrol until no longer within and ‘‘our’’ refer to the EPA.
approve revisions to the Northern
the safety zone.
Sonoma County Air Pollution Control Table of Contents
In addition to this notice of District (NSCAPCD or District) portion
enforcement in the Federal Register, the of the California State Implementation I. Proposed Action
II. Public Comments and EPA Responses
Coast Guard will provide the maritime Plan (SIP). These revisions concern the III. EPA Action
community with advanced notification District’s prevention of significant IV. Incorporation by Reference
of the safety zone via the Local Notice deterioration (PSD) permitting program V. Statutory and Executive Order Reviews
to Mariners and marine information for new and modified sources of air
broadcasts. If the Captain of the Port pollution. We are approving local rules I. Proposed Action
determines that the regulated area need under the Clean Air Act (CAA or the On April 4, 2018, the EPA proposed
not be enforced for the full duration Act). an approval of Rules 130—Definitions,
stated in this notice of enforcement, he DATES: This rule is effective on August 220—New Source Review, and 230—
may use a Broadcast Notice to Mariners 23, 2018. Action on Applications, as noted in
to grant general permission to enter the ADDRESSES: The EPA has established a Table 1, submitted by the California Air
regulated area. docket for this action under Docket ID Resources Board (CARB) for
Dated: July 18, 2018. No. EPA–R09–OAR–2018–0171. All incorporation into the NSCAPCD
documents in the docket are listed on portion of the California SIP. 81 FR
M.M. Balding,
the http://www.regulations.gov website. 69390. Table 1 also lists the dates the
Captain, U.S. Coast Guard, Acting Captain Although listed in the index, some rules were adopted by the NSCAPCD
of the Port, Puget Sound. information is not publicly available, and submitted by CARB, which is the
[FR Doc. 2018–15757 Filed 7–23–18; 8:45 am] e.g., Confidential Business Information governor’s designee for California SIP
BILLING CODE 9110–04–P (CBI) or other information whose submittals.
TABLE 1—SUBMITTED RULES
Local agency Rule No. Rule title Amended Submitted
NSCAPCD ....................................................... 130 Definitions ....................................................... 5/3/2017 6/12/17
NSCAPCD ....................................................... 220 New Source Review ....................................... 5/3/2017 6/12/17
NSCAPCD ....................................................... 230 Action on Applications .................................... 5/3/2017 6/12/17
Rules 130, 220, and 230 contain the Appendix W, correcting a typographic II. Public Comments and EPA
requirements for review and permitting error, and including specific language Responses
of individual stationary sources in the regarding source obligations. The
NSCAPCD. We proposed to approve revisions to the three submitted rules The EPA’s proposed action provided
these rules because we determined that address these four deficiencies. a 30-day public comment period. During
they comply with the relevant CAA this period, we received six comments.
We are now finalizing approval of Only one comment pertained to the
requirements. The changes the District
Rules 130, 220, and 230 because we action. This comment was submitted by
made to the rules listed above resolve
have determined these rules satisfy all the NSCAPCD expressing support for
the limited disapproval issues identified
of the statutory and regulatory the EPA’s proposed action. The
in a previous action. 81 FR 69390
requirements for an NSR permit NSCAPCD states that this action will
(October 6, 2016). The EPA listed four
items that need addressing for the three program (including the PSD program) as help the District maintain its portion of
jstallworth on DSKBBY8HB2PROD with RULES
rules with limited approval to become set forth in the applicable provisions of the California SIP in good standing. The
fully approved—listing lead as a part C of title I of the Act and in 40 CFR EPA thanks the NSCAPCD for its
pollutant and indicating a significant 51.165 and 40 CFR 51.307. support of our proposed action.
emission rate, requiring provisions for Our proposed action contains more The comments have been added to the
air quality modeling based on information on the rule and our docket for this action and are accessible
applicable models, databases, and other evaluation. at www.regulations.gov.
requirements as specified in Part 51
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![Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34951
(3) Rule 230, ‘‘Action on Atlantic is 144,315 lb (65,460 kg), gutted issued without opportunity for prior
Applications,’’ amended on May 3, weight, 170,291 lb (77,243 kg), round notice and comment.
2017. weight, for the current fishing year, This action responds to the best
* * * * * January 1 through December 31, 2018, scientific information available. The
[FR Doc. 2018–15727 Filed 7–23–18; 8:45 am] as specified in 50 CFR 622.190(a)(1)(iv). Assistant Administrator for NOAA
BILLING CODE 6560–50–P
Under 50 CFR 622.193(b)(1), NMFS is Fisheries (AA), finds that the need to
required to close the commercial sector immediately implement this action to
for snowy grouper when the commercial close the commercial sector for snowy
quota is reached or projected to be grouper constitutes good cause to waive
DEPARTMENT OF COMMERCE reached, by filing a notification to that the requirements to provide prior notice
National Oceanic and Atmospheric effect with the Office of the Federal and opportunity for public comment
Administration Register. NMFS projects that pursuant to the authority set forth in 5
commercial landings of South Atlantic U.S.C. 553(b)(B), as such procedures
50 CFR Part 622 snowy grouper, as estimated by the would be unnecessary and contrary to
Science and Research Director, will the public interest. Such procedures are
[Docket No. 0907271173–0629–03] reach the commercial quota by July 24, unnecessary because the implementing
2018. Accordingly, the commercial final rule for these AMs has already
RIN 0648–XG357
sector for South Atlantic snowy grouper been subject to notice and comment,
Fisheries of the Caribbean, Gulf of is closed effective 12:01 a.m., local time, and all that remains is to notify the
Mexico, and South Atlantic; 2018 July 24, 2018, until 12:01 a.m., local public of the closure. Such procedures
Commercial Accountability Measure time, January 1, 2019. are contrary to the public interest
and Closure for South Atlantic Snowy The operator of a vessel with a valid because of the need to immediately
Grouper commercial vessel permit for South implement this action to protect snowy
Atlantic snapper-grouper having snowy grouper since the capacity of the fishing
AGENCY: National Marine Fisheries grouper on board must have landed and fleet allows for rapid harvest of the
Service (NMFS), National Oceanic and bartered, traded, or sold such snowy commercial quota. Prior notice and
Atmospheric Administration (NOAA), grouper prior to 12:01 a.m., local time, opportunity for public comment would
Commerce. July 24, 2018. During the commercial require time and would potentially
ACTION: Temporary rule; closure. closure, harvest and possession of result in a harvest well in excess of the
snowy grouper in or from the South established commercial quota.
SUMMARY: NMFS implements Atlantic EEZ is limited to the bag and For the aforementioned reasons, the
accountability measures (AMs) for possession limits, as specified in AA also finds good cause to waive the
commercial snowy grouper in the § 622.187(b)(2)(ii) and (c)(1). Also 30-day delay in the effectiveness of this
exclusive economic zone (EEZ) of the during the commercial closure, the sale action under 5 U.S.C. 553(d)(3).
South Atlantic. NMFS projects or purchase of snowy grouper taken
Authority: 16 U.S.C. 1801 et seq.
commercial landings for snowy grouper from the EEZ is prohibited. The
will reach the commercial annual catch prohibition on sale or purchase does not Dated: July 18, 2018.
limit (ACL) by July 24, 2018. Therefore, apply to the sale or purchase of snowy Jennifer M. Wallace,
NMFS closes the commercial sector for grouper that were harvested, landed Acting Director, Office of Sustainable
snowy grouper in the South Atlantic ashore, and sold prior to 12:01 a.m., Fisheries, National Marine Fisheries Service.
EEZ on July 24, 2018, and it will remain local time, July 24, 2018, and were held [FR Doc. 2018–15791 Filed 7–19–18; 4:15 pm]
closed until the start of the next in cold storage by a dealer or processor. BILLING CODE 3510–22–P
commercial fishing season on January 1, For a person on board a vessel for
2019. This closure is necessary to which a Federal commercial or charter
protect the snowy grouper resource. vessel/headboat permit for the South DEPARTMENT OF COMMERCE
DATES: This rule is effective 12:01 a.m., Atlantic snapper-grouper fishery has
been issued, the bag and possession National Oceanic and Atmospheric
local time, July 24, 2018, until 12:01
limits and the sale and purchase Administration
a.m., local time, January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
provisions of the commercial closure for
snowy grouper would apply regardless 50 CFR Part 679
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email: of whether the fish are harvested in state [Docket No. 170816769–8162–02]
mary.vara@noaa.gov. or Federal waters, as specified in 50
RIN 0648–XG309
CFR 622.190(c)(1)(ii).
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South Classification Fisheries of the Exclusive Economic
Atlantic includes snowy grouper and is The Regional Administrator, Zone Off Alaska; Reapportionment of
managed under the Fishery Southeast Region, NMFS, has the 2018 Gulf of Alaska Pacific Halibut
Management Plan for the Snapper- determined this temporary rule is Prohibited Species Catch Limits for the
Grouper Fishery of the South Atlantic necessary for the conservation and Trawl Deep-Water and Shallow-Water
Region (FMP). The FMP was prepared management of snowy grouper and the Fishery Categories
by the South Atlantic Fishery South Atlantic snapper-grouper fishery AGENCY: National Marine Fisheries
Management Council and is and is consistent with the Magnuson- Service (NMFS), National Oceanic and
jstallworth on DSKBBY8HB2PROD with RULES
implemented by NMFS under the Stevens Act and other applicable laws. Atmospheric Administration (NOAA),
authority of the Magnuson-Stevens This action is taken under 50 CFR Commerce.
Fishery Conservation and Management 622.193(b)(1) and is exempt from review ACTION: Temporary rule;
Act (Magnuson-Stevens Act) by under Executive Order 12866. reapportionment.
regulations at 50 CFR part 622. These measures are exempt from the
The commercial ACL (commercial procedures of the Regulatory Flexibility SUMMARY: NMFS is reapportioning the
quota) for snowy grouper in the South Act, because the temporary rule is seasonal apportionments of the 2018
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Document Created: 2018-07-24 00:10:47
Document Modified: 2018-07-24 00:10:47
| 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 is effective on August 23, 2018. | |
| Contact | T. Khoi Nguyen, EPA Region IX, (415) 947-4120, [email protected] | |
| FR Citation | 83 FR 34949 | |
| 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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