83 FR 61551 - Revisions to California State Implementation Plan; South Coast Air Quality Management District; Stationary Source Permits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range		61551-61552
FR Document		2018-25900

The Environmental Protection Agency (EPA) is finalizing action on a revision to the South Coast Air Quality Management District (SCAQMD or District) portion of the California State Implementation Plan (SIP). We are finalizing a conditional approval of one rule governing issuance of permits for stationary sources, including review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA). Specifically, the revision pertains to SCAQMD Rule 1325--Federal PM<INF>2.5</INF> New Source Review Program.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)

[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61551-61552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0413; FRL-9985-75-Region 9]


Revisions to California State Implementation Plan; South Coast 
Air Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on a revision to the South Coast Air Quality Management District 
(SCAQMD or District) portion of the California State Implementation 
Plan (SIP). We are finalizing a conditional approval of one rule 
governing issuance of permits for stationary sources, including review 
and permitting of major sources and major modifications under part D of 
title I of the Clean Air Act (CAA). Specifically, the revision pertains 
to SCAQMD Rule 1325--Federal PM2.5 New Source Review 
Program.

DATES: This rule will be effective on December 31, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2018-0413. 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 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: Laura Yannayon, EPA Region 9, (415) 
972-3534, yannayon.laura@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to 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 August 8, 2018 (83 FR 39012), the EPA proposed to conditionally 
approve the following rule that was submitted for incorporation into 
the SCAQMD portion of the California SIP.

                         Table 1--Submitted Rule
------------------------------------------------------------------------
    Rule No.            Rule title            Amended        Submitted
------------------------------------------------------------------------
1325...........  Federal PM2.5 New               11/4/16          5/8/17
                  Source Review Program.
------------------------------------------------------------------------

    We proposed a conditional approval of this rule because we 
determined that, separate from the deficiencies listed in Section II.B 
of our proposed rulemaking action, the rule met the statutory 
requirements for SIP revisions as specified in section 110(l) of the 
CAA, as well as the substantive statutory and regulatory requirements 
for a nonattainment New Source Review (NSR) permit program as contained 
in CAA sections 110(a)(2)(C) and 173(a) through (c), and 40 CFR 51.165 
that pertain to a PM2.5 nonattainment area classified as 
Serious. Moreover, we concluded that if the State submits the changes 
it committed to submit in its July 16, 2018 commitment letter, the 
identified deficiencies will be cured.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two comments on the proposed rule. 
These comments raised issues that are outside the scope of our proposed 
approval of Rule 1325, including air pollution monitoring in China and 
India, climate change, and wind and solar power costs and regulations. 
None of those comments are germane to our evaluation of Rule 1325.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Rule 1325 satisfies the applicable CAA requirements. 
Therefore, under CAA sections 110(k)(4) and 301(a), and for the reasons 
set forth in our August 8, 2018 proposed rule, we are finalizing the 
conditional approval of Rule 1325. This action incorporates Rule 1325 
into the federally enforceable SIP and will be codified through 
revisions to 40 CFR 52.220 (Identification of plan) and 40 CFR 52.248 
(Identification of plan--conditional approval).
    If the State meets its commitment to submit the required changes, 
the revisions to Rule 1325 will remain a part of the SIP until EPA 
takes final action approving or disapproving the new SIP revisions. 
However, if the State fails to submit these revisions within the 
required timeframe, the conditional approval will automatically become 
a disapproval, and EPA will issue a finding of disapproval. EPA is not 
required to propose the finding of disapproval.
    In addition, because we are finalizing our proposed action, we are 
removing the existing Rule 1325 from the SCAQMD portion of 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 
SCAQMD rule listed in Table 1 of this preamble. The EPA has made, and 
will continue to make, these materials available electronically through 
www.regulations.gov and in hard copy at the EPA Region IX Office 
(please contact the person identified in the FOR

[[Page 61552]]

FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, New Source Review, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: October 11, 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)(458)(i)(A)(2) and 
(c)(509) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (458) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on May 1, 2015 in paragraph 
(c)(458)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(509)(i)(A)(1), Rule 1325.
* * * * *
    (509) New and amended regulations for the following APCDs were 
submitted on May 8, 2017 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1325, ``Federal PM2.5 New Source Review 
Program'' amended on November 4, 2016.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *

0
3. Section 52.248 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.248   Identification of plan--conditional approval.

* * * * *
    (f) The EPA is conditionally approving a California State 
Implementation Plan (SIP) revision submitted on May 8, 2017, updating 
Rule 1325--Federal PM2.5 New Source Review Program, for the 
South Coast Air Quality Management District. The conditional approval 
is based on a commitment from the State to submit a SIP revision that 
will correct the identified deficiencies. If the State fails to meet 
its commitment by December 30, 2019, the conditional approval is 
treated as a disapproval.
* * * * *
[FR Doc. 2018-25900 Filed 11-29-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61551

Appendix B to Part 202—‘‘Best Edition’’ ACTION: Final rule. form. Publicly available docket
of Published Copyrighted Works for the materials are available through http://
Collections of the Library of Congress SUMMARY: The Environmental Protection www.regulations.gov, or please contact
Agency (EPA) is finalizing action on a the person identified in the FOR FURTHER
a. * * * (For works first published only in
a country other than the United States, the revision to the South Coast Air Quality INFORMATION CONTACT section for
law requires the deposit of the work as first Management District (SCAQMD or additional availability information.
published.) District) portion of the California State
Implementation Plan (SIP). We are FOR FURTHER INFORMATION CONTACT:
* * * * *
finalizing a conditional approval of one Laura Yannayon, EPA Region 9, (415)
Dated: November 5, 2018. rule governing issuance of permits for 972–3534, yannayon.laura@epa.gov.
Karyn A. Temple, stationary sources, including review and
Acting Register of Copyrights. SUPPLEMENTARY INFORMATION:
permitting of major sources and major
Approved by: Throughout this document, the terms
modifications under part D of title I of
Carla D. Hayden, the Clean Air Act (CAA). Specifically, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Librarian of Congress. the revision pertains to SCAQMD Rule Table of Contents
[FR Doc. 2018–26091 Filed 11–29–18; 8:45 am] 1325—Federal PM2.5 New Source
Review Program. I. Proposed Action
BILLING CODE 1410–30–P
II. Public Comments and EPA Responses
DATES: This rule will be effective on III. EPA Action
December 31, 2018. IV. Incorporation by Reference
ENVIRONMENTAL PROTECTION ADDRESSES: The EPA has established a V. Statutory and Executive Order Reviews
AGENCY docket for this action under Docket No.
I. Proposed Action
40 CFR Part 52 EPA–R09–OAR–2018–0413. All
documents in the docket are listed on On August 8, 2018 (83 FR 39012), the
[EPA–R09–OAR–2018–0413; FRL–9985–75– the http://www.regulations.gov website. EPA proposed to conditionally approve
Region 9] Although listed in the index, some the following rule that was submitted
information is not publicly available, for incorporation into the SCAQMD
Revisions to California State
e.g., Confidential Business Information portion of the California SIP.
Implementation Plan; South Coast Air
or other information whose disclosure is
Quality Management District;
restricted by statute. Certain other
Stationary Source Permits
material, such as copyrighted material,
AGENCY: Environmental Protection is not placed on the internet and will be
Agency (EPA). publicly available only in hard copy

TABLE 1—SUBMITTED RULE
Rule Rule title Amended Submitted
No.

1325 Federal PM2.5 New Source Review Program ............................................................................................ 11/4/16 5/8/17

We proposed a conditional approval of our proposed approval of Rule 1325, new SIP revisions. However, if the State
of this rule because we determined that, including air pollution monitoring in fails to submit these revisions within
separate from the deficiencies listed in China and India, climate change, and the required timeframe, the conditional
Section II.B of our proposed rulemaking wind and solar power costs and approval will automatically become a
action, the rule met the statutory regulations. None of those comments are disapproval, and EPA will issue a
requirements for SIP revisions as germane to our evaluation of Rule 1325. finding of disapproval. EPA is not
specified in section 110(l) of the CAA, required to propose the finding of
III. EPA Action
as well as the substantive statutory and disapproval.
regulatory requirements for a No comments were submitted that In addition, because we are finalizing
nonattainment New Source Review change our assessment that submitted our proposed action, we are removing
(NSR) permit program as contained in Rule 1325 satisfies the applicable CAA the existing Rule 1325 from the
CAA sections 110(a)(2)(C) and 173(a) requirements. Therefore, under CAA SCAQMD portion of the California SIP.
through (c), and 40 CFR 51.165 that sections 110(k)(4) and 301(a), and for
pertain to a PM2.5 nonattainment area the reasons set forth in our August 8, IV. Incorporation by Reference
classified as Serious. Moreover, we 2018 proposed rule, we are finalizing In this rule, the EPA is finalizing
concluded that if the State submits the the conditional approval of Rule 1325. regulatory text that includes
changes it committed to submit in its This action incorporates Rule 1325 into incorporation by reference. In
July 16, 2018 commitment letter, the the federally enforceable SIP and will be accordance with requirements of 1 CFR
identified deficiencies will be cured. codified through revisions to 40 CFR 51.5, the EPA is finalizing the
52.220 (Identification of plan) and 40 incorporation by reference of the
II. Public Comments and EPA
CFR 52.248 (Identification of plan— SCAQMD rule listed in Table 1 of this
amozie on DSK3GDR082PROD with RULES

Responses
conditional approval). preamble. The EPA has made, and will
The EPA’s proposed action provided If the State meets its commitment to continue to make, these materials
a 30-day public comment period. During submit the required changes, the available electronically through
this period, we received two comments revisions to Rule 1325 will remain a www.regulations.gov and in hard copy
on the proposed rule. These comments part of the SIP until EPA takes final at the EPA Region IX Office (please
raised issues that are outside the scope action approving or disapproving the contact the person identified in the FOR

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61552 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations

FURTHER INFORMATION CONTACT section of In addition, the SIP is not approved this section and now deleted with
this preamble for more information). to apply on any Indian reservation land replacement in paragraph
or in any other area where the EPA or (c)(509)(i)(A)(1), Rule 1325.
V. Statutory and Executive Order
an Indian tribe has demonstrated that a * * * * *
Reviews
tribe has jurisdiction. In those areas of (509) New and amended regulations
Under the CAA, the Administrator is Indian country, the rule does not have for the following APCDs were submitted
required to approve a SIP submission tribal implications and will not impose on May 8, 2017 by the Governor’s
that complies with the provisions of the substantial direct costs on tribal designee.
Act and applicable Federal regulations. governments or preempt tribal law as (i) Incorporation by reference. (A)
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 South Coast Air Quality Management
Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000). District.
EPA’s role is to approve state choices, The Congressional Review Act, 5 (1) Rule 1325, ‘‘Federal PM2.5 New
provided that they meet the criteria of U.S.C. 801 et seq., as added by the Small Source Review Program’’ amended on
the CAA. Accordingly, this action Business Regulatory Enforcement November 4, 2016.
merely approves state law as meeting Fairness Act of 1996, generally provides (2) [Reserved]
Federal requirements and does not that before a rule may take effect, the (B) [Reserved]
impose additional requirements beyond agency promulgating the rule must (ii) [Reserved]
those imposed by state law. For that submit a rule report, which includes a * * * * *
reason, this action: copy of the rule, to each House of the ■ 3. Section 52.248 is amended by
• Is not a significant regulatory action Congress and to the Comptroller General adding paragraph (f) to read as follows:
subject to review by the Office of of the United States. The EPA will
Management and Budget under submit a report containing this action § 52.248 Identification of plan—conditional
Executive Orders 12866 (58 FR 51735, and other required information to the approval.
October 4, 1993) and 13563 (76 FR 3821, U.S. Senate, the U.S. House of * * * * *
January 21, 2011); Representatives, and the Comptroller (f) The EPA is conditionally
• Is not an Executive Order 13771 (82 General of the United States prior to approving a California State
FR 9339, February 2, 2017) regulatory publication of the rule in the Federal Implementation Plan (SIP) revision
action because SIP approvals are Register. A major rule cannot take effect submitted on May 8, 2017, updating
exempted under Executive Order 12866; until 60 days after it is published in the Rule 1325—Federal PM2.5 New Source
• Does not impose an information Federal Register. This action is not a Review Program, for the South Coast Air
collection burden under the provisions ‘‘major rule’’ as defined by 5 U.S.C. Quality Management District. The
of the Paperwork Reduction Act (44 804(2). conditional approval is based on a
U.S.C. 3501 et seq.); commitment from the State to submit a
List of Subjects in 40 CFR Part 52
• Is certified as not having a SIP revision that will correct the
significant economic impact on a Environmental protection, Air identified deficiencies. If the State fails
substantial number of small entities pollution control, Incorporation by to meet its commitment by December
under the Regulatory Flexibility Act (5 reference, Intergovernmental relations, 30, 2019, the conditional approval is
U.S.C. 601 et seq.); New Source Review, Particulate matter, treated as a disapproval.
• Does not contain any unfunded Reporting and recordkeeping * * * * *
mandate or significantly or uniquely requirements. [FR Doc. 2018–25900 Filed 11–29–18; 8:45 am]
affect small governments, as described Dated: October 11, 2018. BILLING CODE 6560–50–P
in the Unfunded Mandates Reform Act Deborah Jordan,
of 1995 (Pub. L. 104–4); Acting Regional Administrator, Region IX.
• Does not have Federalism Part 52, Chapter I, Title 40 of the Code
ENVIRONMENTAL PROTECTION
implications as specified in Executive AGENCY
of Federal Regulations is amended as
Order 13132 (64 FR 43255, August 10, follows:
1999); 40 CFR Parts 260, 261, and 262
• Is not an economically significant PART 52—APPROVAL AND [EPA–HQ–OLEM–2018–0646; FRL9986–91–
regulatory action based on health or PROMULGATION OF OLEM]
safety risks subject to Executive Order IMPLEMENTATION PLANS
13045 (62 FR 19885, April 23, 1997); Safe Management of Recalled Airbags
• Is not a significant regulatory action ■ 1. The authority citation for part 52 AGENCY: Environmental Protection
subject to Executive Order 13211 (66 FR continues to read as follows: Agency (EPA).
28355, May 22, 2001); Authority: 42 U.S.C. 7401 et seq. ACTION: Interim final rule with request
• Is not subject to requirements of for comments.
Section 12(d) of the National Subpart F—California
Technology Transfer and Advancement SUMMARY: The Environmental Protection
Act of 1995 (15 U.S.C. 272 note) because ■ 2. Section 52.220 is amended by Agency (EPA) is issuing this interim
application of those requirements would adding paragraphs (c)(458)(i)(A)(2) and final rule in response to the urgent
be inconsistent with the Clean Air Act; (c)(509) to read as follows: public health issue posed by recalled
and § 52.220 Identification of plan—in part. Takata airbag inflators still installed in
• Does not provide the EPA with the vehicles. With this rule, EPA is
amozie on DSK3GDR082PROD with RULES

* * * * *
discretionary authority to address, as (c) * * * facilitating a more expedited removal of
appropriate, disproportionate human (458) * * * defective Takata airbag inflators from
health or environmental effects, using (i) * * * vehicles by dealerships, salvage yards
practicable and legally permissible (A) * * * and other locations for safe and
methods, under Executive Order 12898 (2) Previously approved on May 1, environmentally sound disposal by
(59 FR 7629, February 16, 1994). 2015 in paragraph (c)(458)(i)(A)(1) of exempting the collection of airbag waste

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Document Created: 2018-11-30 04:36:01
Document Modified: 2018-11-30 04:36:01

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 December 31, 2018.
Contact		Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected]
FR Citation		83 FR 61551
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Particulate Matter and Reporting and Recordkeeping Requirements