Approval of Air Plans; California; Multiple Districts; Prevention of Significant Deterioration, 69880-69883 [2015-28624]
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69880
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
(ii) Submitted on December 21, 2010
and adopted on July 13, 2010.
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[FR Doc. 2015–28756 Filed 11–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0257; FRL–9934–89–
Region 9]
Approval of Air Plans; California;
Multiple Districts; Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
under section 110 of the Clean Air Act
(CAA or Act) to approve a State
Implementation Plan (SIP) revision for
five California air districts. The State of
California (State) is required by the CAA
to adopt and implement a SIP-approved
Prevention of Significant Deterioration
(PSD) permit program. This SIP revision
incorporates PSD rules for five local
California air districts into the
California SIP to establish a PSD permit
program for pre-construction review of
certain new and modified major
stationary sources in attainment and
unclassifiable areas located within these
districts. The local air districts with PSD
rules that are the subject of this action
are the Feather River Air Quality
Management District (Feather River or
FRAQMD), Great Basin Unified Air
Pollution Control District (Great Basin
or GBUAPCD), Butte County Air Quality
Management District (Butte or
BCAQMD), Santa Barbara County Air
Pollution Control District (Santa Barbara
or SBAPCD), and San Luis Obispo
County Air Pollution Control District
(San Luis Obispo or SLOAPCD)—
collectively, the Districts.
DATES: This rule is effective on
December 14, 2015.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2015–
SUMMARY:
0257 for this action. Generally,
documents in the docket for this action
are available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. Some docket
materials, however, may be publicly
available only at the hard copy location
(e.g., voluminous records, maps,
copyrighted material), and some may
not be publicly available in either
location (e.g., confidential business
information (CBI)). To inspect the hard
copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region IX, (415) 972–
3811, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us’’,
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. The EPA’s Evaluation of the SIP Revision
A. Summary of the EPA’s Proposed Action
B. Public Comments and the EPA’s
Responses
C. What action is the EPA finalizing?
III. The EPA’s Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110(a) of the CAA requires
states to adopt and submit regulations
for the implementation, maintenance
and enforcement of the primary and
secondary NAAQS. Specifically,
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
and 110(a)(2)(J) of the Act require such
state plans to meet the applicable
requirements of section 165 relating to
a pre-construction permit program for
the prevention of significant
deterioration of air quality and visibility
protection. The rules reviewed for this
action are intended to implement a preconstruction PSD permit program as
required by section 165 of the CAA for
certain new and modified major
stationary sources located in attainment
and unclassifiable areas. Because the
State does not currently have a SIPapproved PSD program within the
Districts, the EPA is currently the PSD
permitting authority within these
Districts under a Federal
Implementation Plan (FIP). Approval of
the Districts’ PSD rules into the SIP will
transfer PSD permitting authority from
the EPA to the Districts. The EPA will
then assume the role of overseeing the
Districts’ PSD permitting programs, as
intended by the CAA.
For a more detailed discussion of the
District’s rules, please refer to our
proposed approval. See 80 FR 44001
(July 24, 2015).
II. The EPA’s Evaluation of the SIP
Revision
A. Summary of the EPA's Proposed
Action
On July 24, 2015 (80 FR 44001), the
EPA proposed approval of the Districts’
PSD rules into the California SIP. We
proposed to approve these rules because
we determined that they satisfied the
applicable CAA requirements. Our
proposed rule and related Technical
Support document (TSD) contain more
information about the basis for this
rulemaking and our evaluation of the
pertinent State SIP revision submittals.
B. Public Comments and the EPA's
Responses
EPA’s proposed approval action for
this SIP revision provided a 30-day
public comment period. We did not
receive any comments on our proposed
action.
C. What action is the EPA finalizing?
The EPA is finalizing a SIP revision
for each District’s portion of the
California SIP, consistent with our
proposed approval action. The SIP
revision will be codified in 40 CFR
52.220 by incorporating by reference the
rules listed in Table 1. On June 1, 2015,
the California Air Resources Board
(CARB) requested the withdrawal from
its earlier SIP submittals of the portion
of each District PSD rule that
incorporates by reference a particular
federal PSD rule provision—40 CFR
52.21(b)(49)(v). As such, our approval of
these local District rules does not
include the rules’ incorporation by
reference of 40 CFR 52.21(b)(49)(v).
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TABLE 1—SUBMITTED RULES
Local
agency
Rule No.
FRAQMD .......
GBUAPCD ....
10.10
221
BCAQMD ......
SBAPCD .......
1107
810
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Rule title
Adopted
Prevention of Significant Deterioration ................................................................
Prevention of Significant Deterioration (PSD) Permit Requirements for New
Major Facilities or Major Modifications in Attainment or Unclassifiable Areas.
Prevention of Significant Deterioration (PSD) Permits ........................................
Federal Prevention of Significant Deterioration (PSD) ........................................
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
69881
TABLE 1—SUBMITTED RULES—Continued
Local
agency
SLOAPCD .....
Rule No.
220
Rule title
Federal Prevention of Significant Deterioration ...................................................
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In addition, letters from the Districts
to the EPA providing certain
clarifications regarding their PSD rules
and the requirements of 40 CFR 51.166
will be included as additional material
in 40 CFR 52.220. We are also revising
40 CFR 52.270 to reflect that upon the
effective date of this final rule, each
District will have a SIP-approved PSD
program and will no longer be subject
to the FIP for the PSD program. This SIP
revision provides a federally approved
and enforceable mechanism for each of
the Districts to issue pre-construction
PSD permits for certain new and
modified major stationary sources
subject to PSD review within the
relevant District.
As discussed in the EPA’s proposal,
with the exception of San Luis Obispo,
the Districts requested approval to
exercise their authority to administer
the PSD program with respect to those
sources located in the relevant District
that have existing PSD permits issued
by the EPA, including authority to
conduct general administration of these
existing permits, authority to process
and issue any and all subsequent PSD
permit actions relating to such permits
(e.g., modifications, amendments, or
revisions of any nature), and authority
to enforce such permits. Pursuant to the
criteria in section 110(a)(2)(E)(i) of the
CAA, we have determined that the four
Districts have the authority, personnel,
and funding to implement the PSD
program within the relevant District for
existing EPA-issued permits and
therefore are transferring authority for
such permits to the four Districts
concurrent with the effective date of the
EPA’s approval of the Districts’ PSD
program into the SIP. The EPA intends
to provide a copy of each such permit
to the relevant District.
III. The EPA’s Final Action
The EPA is approving five PSD rules
submitted by CARB to establish a PSD
permit program for pre-construction
review of certain new and modified
major stationary sources in attainment
or unclassifiable areas. We are
approving these rules as a revision to
the California SIP pursuant to section
110(k)(3) of the Act. Specifically, we are
approving the rules listed in Table 1,
except for the portion of each rule that
incorporates by reference 40 CFR
52.21(b)(49)(v), which was subsequently
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Adopted
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withdrawn from CARB’s request for SIP
approval, as explained in more detail in
our proposal. See 80 FR at 44003–04.
Our determination is based, in part, on
the clarifications provided by the
Districts related to the implementation
of the PSD program, including the
clarifications related to Significant
Impact Levels (SILs) and the Significant
Monitoring Concentrations (SMC) for
PM2.5, in letters dated November 13,
2014, November 25, 2014, December 16,
2014, December 18, 2014, April 8, 2015,
and April 15, 2015. See 80 FR at 44002–
03. We are including these clarification
letters as additional material in 40 CFR
52.220.
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 rules
listed in Table 1, with the exception of
certain provisions incorporated into
those rules as discussed in Section III.
The EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES 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);
• does not impose an information
collection burden under the provisions
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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 (Public Law 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 CAA; 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
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register.This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 11, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2015.
Jared Blumenfeld,
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
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(428)(i)(E) and (F),
(c)(428)(ii), (c)(429)(i)(D), (c)(429)(ii),
(c)(441)(i)(F), (c)(441)(ii), (c)(442)(i)(H),
and (c)(442)(ii) to read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(428) * * *
(i) * * *
(E) Great Basin Unified Air Pollution
Control District.
(1) Rule 221, ‘‘Prevention of
Significant Deterioration (PSD) Permit
Requirements for New Major Facilities
or Major Modifications in Attainment or
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Unclassifiable Areas,’’ except for the
incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections C. and D3,
adopted on September 5, 2012.
(F) Butte County Air Quality
Management District.
(1) Rule 1107, ‘‘Prevention of
Significant Deterioration (PSD)
Permits,’’ except for the incorporation
by reference of 40 CFR 52.21(b)(49)(v)
into sections 3 and 4.1, adopted on June
28, 2012.
(ii) Additional materials.
(A) Great Basin Unified Air Pollution
Control District.
(1) Letter dated November 13, 2014
from Theodore D. Schade, Great Basin
Unified Air Pollution Control District, to
Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding clarifications of
District Rule 221 and 40 CFR 51.166.
(2) Letter dated April 15, 2015, from
Phillip L. Kiddoo, Great Basin Unified
Air Pollution Control District, to
Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding additional
clarifications of District Rule 221 and 40
CFR 51.166.
(B) Butte County Air Quality
Management District.
(1) Letter dated November 13, 2014,
from W. James Wagoner, Butte County
Air Quality Management District, to
Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding clarifications of
District Rule 1107 and 40 CFR 51.166.
(2) Letter dated April 8, 2015, from W.
James Wagoner, Butte County Air
Quality Management District, to Gerardo
Rios, United States Environmental
Protection Agency Region 9, regarding
additional clarifications of District Rule
1107 and 40 CFR 51.166.
(429) * * *
(i) * * *
(D) Feather River Air Quality
Management District.
(1) Rule 10.10, ‘‘Prevention of
Significant Deterioration,’’ except for
the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections B and F.1,
adopted on August 1, 2011.
(ii) Additional materials.
(A) Feather River Air Quality
Management District.
(1) Letter dated December 18, 2014
from Christopher D. Brown, Feather
River Air Quality Management District,
to Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding clarifications of
District Rule 10.10 and 40 CFR 51.166.
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(441) * * *
(i) * * *
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(F) San Luis Obispo County Air
Pollution Control District.
(1) Rule 220, ‘‘Federal Prevention of
Significant Deterioration,’’ except for
the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections B and D.3.,
amended on January 22, 2014.
(ii) Additional materials.
(A) San Luis Obispo County Air
Pollution Control District.
(1) Letter dated December 16, 2014
from Larry R. Allen, San Luis Obispo
County Air Pollution Control District, to
Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding clarifications of
District Rule 220 and 40 CFR 51.166.
(442) * * *
(i) * * *
(H) Santa Barbara County Air
Pollution Control District.
(1) Rule 810, ‘‘Federal Prevention of
Significant Deterioration (PSD),’’ except
for the incorporation by reference of 40
CFR 52.21(b)(49)(v) into sections B and
D.3., amended on June 20, 2013.
(ii) Additional materials.
(A) Santa Barbara County Air
Pollution Control District.
(1) Letter dated November 25, 2014
from David Van Mullem, Santa Barbara
County Air Pollution Control District, to
Gerardo Rios, United States
Environmental Protection Agency
Region 9, regarding clarifications of
District Rule 810 and 40 CFR 51.166.
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■ 3. Section 52.270 is amended by
adding paragraphs (b)(11) through (15)
to read as follows:
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(11) The PSD program for the Great
Basin Unified Air Pollution Control
District (GBUAPCD), as incorporated by
reference in § 52.220(c)(428), is
approved under Part C, Subpart 1, of the
Clean Air Act. For PSD permits
previously issued by EPA pursuant to
§ 52.21 to sources located in the
GBUAPCD, this approval includes the
authority for the GBUAPCD to conduct
general administration of these existing
permits, authority to process and issue
any and all subsequent permit actions
relating to such permits, and authority
to enforce such permits.
(12) The PSD program for the Butte
County Air Quality Management District
(BCAQMD), as incorporated by
reference in § 52.220(c)(428), is
approved under Part C, Subpart 1, of the
Clean Air Act. For PSD permits
previously issued by EPA pursuant to
§ 52.21 to sources located in the
BCAQMD, this approval includes the
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
authority for the BCAQMD to conduct
general administration of these existing
permits, authority to process and issue
any and all subsequent permit actions
relating to such permits, and authority
to enforce such permits.
(13) The PSD program for the Feather
River Air Quality Management District
(FRAQMD), as incorporated by
reference in § 52.220(c)(429), is
approved under Part C, Subpart 1, of the
Clean Air Act. For PSD permits
previously issued by EPA pursuant to
§ 52.21 to sources located in the
FRAQMD, this approval includes the
authority for the FRAQMD to conduct
general administration of these existing
permits, authority to process and issue
any and all subsequent permit actions
relating to such permits, and authority
to enforce such permits.
(14) The PSD program for the San
Luis Obispo County Air Pollution
Control District (SLOAPCD), as
incorporated by reference in
§ 52.220(c)(441), is approved under Part
C, Subpart 1, of the Clean Air Act.
(15) The PSD program for the Santa
Barbara County Air Pollution Control
District (SBAPCD), as incorporated by
reference in § 52.220(c)(442), is
approved under Part C, Subpart 1, of the
Clean Air Act. For PSD permits
previously issued by EPA pursuant to
§ 52.21 to sources located in the
SBAPCD, this approval includes the
authority for the SBAPCD to conduct
general administration of these existing
permits, authority to process and issue
any and all subsequent permit actions
relating to such permits, and authority
to enforce such permits.
[FR Doc. 2015–28624 Filed 11–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 97
[FRL–9936–99–OAR]
Allocations of Cross-State Air
Pollution Rule Allowances From New
Unit Set-Asides for the 2015
Compliance Year
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of data
availability (NODA).
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AGENCY:
The Environmental Protection
Agency (EPA) is providing notice of
emission allowance allocations to
certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR)
federal implementation plans (FIPs).
SUMMARY:
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EPA has completed final calculations
for the second round of NUSA
allowance allocations for the 2015
compliance year of the CSAPR NOX
Ozone Season Trading Program. EPA
has posted spreadsheets showing the
second-round 2015 NUSA allocations of
CSAPR NOX Ozone Season allowances
to new units as well as the allocations
to existing units of the remaining
CSAPR NOX Ozone Season allowances
not allocated to new units in either
round of the 2015 NUSA allocation
process. EPA will record the allocated
CSAPR NOX Ozone Season allowances
in sources’ Allowance Management
System (AMS) accounts by November
16, 2015.1
DATES: November 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Questions concerning this action should
be addressed to Robert Miller at (202)
343–9077 or miller.robertl@epa.gov or to
Kenon Smith at (202) 343–9164 or
smith.kenon@epa.gov.
SUPPLEMENTARY INFORMATION: Under the
CSAPR FIPs, a portion of each state
budget for each of the four CSAPR
trading programs is reserved as a NUSA
from which allowances are allocated to
eligible units through an annual one- or
two-round process. EPA has described
the CSAPR NUSA allocation process in
three NODAs previously published in
the Federal Register (80 FR 30988, June
1, 2015; 80 FR 44882, July 28, 2015; 80
FR 55061, September 14, 2015). In the
most recent of these previous NODAs,
EPA provided notice of preliminary lists
of new units eligible for second-round
2015 NUSA allocations of CSAPR NOX
Ozone Season allowances and provided
an opportunity for the public to submit
objections.
EPA received no substantive
objections to the preliminary lists of
new units eligible for second-round
2015 NUSA allocations of CSAPR NOX
Ozone Season allowances whose
availability was announced in the
September 14 NODA. The only written
objection that EPA received concerned
the format of the data rather than the
substance. EPA is therefore making
second-round 2015 NUSA allocations of
CSAPR NOX Ozone Season allowances
to the new units identified on these lists
in accordance with the procedures set
forth in 40 CFR 97.512(a)(9) and (12).
As described in the September 14
NODA, any allowances remaining in the
1 Under 40 CFR 97.521(i), the deadline for EPA
recordation of these allowances allocated under 40
CFR 97.511 and 97.512 for 2015 is November 15,
2015. However, since November 15, 2015 falls on
a Sunday, under 40 CFR 97.507(c), the deadline for
EPA recordation of allocations is the next business
day, which is Monday, November 16, 2015.
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69883
CSAPR NOX Ozone Season NUSA for a
given state and control period after the
second round of NUSA allocations to
new units are to be allocated to the
existing units in the state according to
the procedures set forth in 40 CFR
97.512(a)(10) and (12). EPA has
determined that CSAPR NOX Ozone
Season allowances do remain in the
NUSAs for a number of states following
completion of second-round 2015
NUSA allocations; accordingly, EPA is
allocating these allowances to existing
units. The NUSA allowances are
generally allocated to the existing units
in proportion to the allocations
previously made to the existing units
under 40 CFR 97.511(a)(1), adjusted for
rounding.
Under 40 CFR 97.512(b)(10), any
allowances remaining in the CSAPR
NOX Ozone Season Indian country
NUSA for a given state and control
period after the second round of Indian
country NUSA allocations to new units
are added to the NUSA for that state or
are made available for allocation by the
state pursuant to an approved SIP
revision. No new units eligible for
allocations of CSAPR NOX Ozone
Season allowances from any 2015
Indian country NUSA have been
identified, and no state has an approved
SIP revision governing allocation of
2015 CSAPR allowances. The Indian
country NUSA allowances are therefore
being added to the NUSAs for the
respective states and are included in the
pools of allowances that are being
allocated to existing units under 40 CFR
97.512(10) and (12).
The final unit-by-unit data and
allowance allocation calculations are set
forth in Excel spreadsheets titled
‘‘CSAPR_NUSA_2015_NOX_OS_2nd_
Round_Final_Data_New_Units’’, and
‘‘CSAPR_NUSA_2015_NOX_OS_2nd_
Round_Final_Data_Existing_Units’’,
available on EPA’s Web site at https://
www.epa.gov/crossstaterule/
actions.html.
Pursuant to CSAPR’s allowance
recordation timing requirements, the
allocated NUSA allowances will be
recorded in sources’ AMS accounts by
November 16, 2015. EPA notes that an
allocation or lack of allocation of
allowances to a given unit does not
constitute a determination that CSAPR
does or does not apply to the unit. EPA
also notes that NUSA allocations of
CSAPR NOX Ozone Season allowances
are subject to potential correction if a
unit to which NUSA allowances have
been allocated for a given compliance
E:\FR\FM\12NOR1.SGM
12NOR1
]]>Agencies
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69880-69883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28624]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0257; FRL-9934-89-Region 9]
Approval of Air Plans; California; Multiple Districts; Prevention
of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action under section 110 of the Clean Air Act (CAA or Act) to approve a
State Implementation Plan (SIP) revision for five California air
districts. The State of California (State) is required by the CAA to
adopt and implement a SIP-approved Prevention of Significant
Deterioration (PSD) permit program. This SIP revision incorporates PSD
rules for five local California air districts into the California SIP
to establish a PSD permit program for pre-construction review of
certain new and modified major stationary sources in attainment and
unclassifiable areas located within these districts. The local air
districts with PSD rules that are the subject of this action are the
Feather River Air Quality Management District (Feather River or
FRAQMD), Great Basin Unified Air Pollution Control District (Great
Basin or GBUAPCD), Butte County Air Quality Management District (Butte
or BCAQMD), Santa Barbara County Air Pollution Control District (Santa
Barbara or SBAPCD), and San Luis Obispo County Air Pollution Control
District (San Luis Obispo or SLOAPCD)--collectively, the Districts.
DATES: This rule is effective on December 14, 2015.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0257
for this action. Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. Some docket
materials, however, may be publicly available only at the hard copy
location (e.g., voluminous records, maps, copyrighted material), and
some may not be publicly available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415)
972-3811, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. The EPA's Evaluation of the SIP Revision
A. Summary of the EPA's Proposed Action
B. Public Comments and the EPA's Responses
C. What action is the EPA finalizing?
III. The EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110(a) of the CAA requires states to adopt and submit
regulations for the implementation, maintenance and enforcement of the
primary and secondary NAAQS. Specifically, sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the Act require such state
plans to meet the applicable requirements of section 165 relating to a
pre-construction permit program for the prevention of significant
deterioration of air quality and visibility protection. The rules
reviewed for this action are intended to implement a pre-construction
PSD permit program as required by section 165 of the CAA for certain
new and modified major stationary sources located in attainment and
unclassifiable areas. Because the State does not currently have a SIP-
approved PSD program within the Districts, the EPA is currently the PSD
permitting authority within these Districts under a Federal
Implementation Plan (FIP). Approval of the Districts' PSD rules into
the SIP will transfer PSD permitting authority from the EPA to the
Districts. The EPA will then assume the role of overseeing the
Districts' PSD permitting programs, as intended by the CAA.
For a more detailed discussion of the District's rules, please
refer to our proposed approval. See 80 FR 44001 (July 24, 2015).
II. The EPA's Evaluation of the SIP Revision
A. Summary of the EPA's Proposed Action
On July 24, 2015 (80 FR 44001), the EPA proposed approval of the
Districts' PSD rules into the California SIP. We proposed to approve
these rules because we determined that they satisfied the applicable
CAA requirements. Our proposed rule and related Technical Support
document (TSD) contain more information about the basis for this
rulemaking and our evaluation of the pertinent State SIP revision
submittals.
B. Public Comments and the EPA's Responses
EPA's proposed approval action for this SIP revision provided a 30-
day public comment period. We did not receive any comments on our
proposed action.
C. What action is the EPA finalizing?
The EPA is finalizing a SIP revision for each District's portion of
the California SIP, consistent with our proposed approval action. The
SIP revision will be codified in 40 CFR 52.220 by incorporating by
reference the rules listed in Table 1. On June 1, 2015, the California
Air Resources Board (CARB) requested the withdrawal from its earlier
SIP submittals of the portion of each District PSD rule that
incorporates by reference a particular federal PSD rule provision--40
CFR 52.21(b)(49)(v). As such, our approval of these local District
rules does not include the rules' incorporation by reference of 40 CFR
52.21(b)(49)(v).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD......................... 10.10 Prevention of Significant 8/1/2011 4/22/2013
Deterioration.
GBUAPCD........................ 221 Prevention of Significant 9/5/2012 2/6/2013
Deterioration (PSD) Permit
Requirements for New Major
Facilities or Major Modifications
in Attainment or Unclassifiable
Areas.
BCAQMD......................... 1107 Prevention of Significant 6/28/2012 2/6/2013
Deterioration (PSD) Permits.
SBAPCD......................... 810 Federal Prevention of Significant 6/20/2013 2/10/2014
Deterioration (PSD).
[[Page 69881]]
SLOAPCD........................ 220 Federal Prevention of Significant 1/22/2014 5/13/2014
Deterioration.
----------------------------------------------------------------------------------------------------------------
In addition, letters from the Districts to the EPA providing
certain clarifications regarding their PSD rules and the requirements
of 40 CFR 51.166 will be included as additional material in 40 CFR
52.220. We are also revising 40 CFR 52.270 to reflect that upon the
effective date of this final rule, each District will have a SIP-
approved PSD program and will no longer be subject to the FIP for the
PSD program. This SIP revision provides a federally approved and
enforceable mechanism for each of the Districts to issue pre-
construction PSD permits for certain new and modified major stationary
sources subject to PSD review within the relevant District.
As discussed in the EPA's proposal, with the exception of San Luis
Obispo, the Districts requested approval to exercise their authority to
administer the PSD program with respect to those sources located in the
relevant District that have existing PSD permits issued by the EPA,
including authority to conduct general administration of these existing
permits, authority to process and issue any and all subsequent PSD
permit actions relating to such permits (e.g., modifications,
amendments, or revisions of any nature), and authority to enforce such
permits. Pursuant to the criteria in section 110(a)(2)(E)(i) of the
CAA, we have determined that the four Districts have the authority,
personnel, and funding to implement the PSD program within the relevant
District for existing EPA-issued permits and therefore are transferring
authority for such permits to the four Districts concurrent with the
effective date of the EPA's approval of the Districts' PSD program into
the SIP. The EPA intends to provide a copy of each such permit to the
relevant District.
III. The EPA's Final Action
The EPA is approving five PSD rules submitted by CARB to establish
a PSD permit program for pre-construction review of certain new and
modified major stationary sources in attainment or unclassifiable
areas. We are approving these rules as a revision to the California SIP
pursuant to section 110(k)(3) of the Act. Specifically, we are
approving the rules listed in Table 1, except for the portion of each
rule that incorporates by reference 40 CFR 52.21(b)(49)(v), which was
subsequently withdrawn from CARB's request for SIP approval, as
explained in more detail in our proposal. See 80 FR at 44003-04. Our
determination is based, in part, on the clarifications provided by the
Districts related to the implementation of the PSD program, including
the clarifications related to Significant Impact Levels (SILs) and the
Significant Monitoring Concentrations (SMC) for PM2.5, in
letters dated November 13, 2014, November 25, 2014, December 16, 2014,
December 18, 2014, April 8, 2015, and April 15, 2015. See 80 FR at
44002-03. We are including these clarification letters as additional
material in 40 CFR 52.220.
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 rules
listed in Table 1, with the exception of certain provisions
incorporated into those rules as discussed in Section III. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES 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);
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 (Public Law 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 CAA; 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
[[Page 69882]]
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register.This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 11, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2015.
Jared Blumenfeld,
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)(428)(i)(E) and
(F), (c)(428)(ii), (c)(429)(i)(D), (c)(429)(ii), (c)(441)(i)(F),
(c)(441)(ii), (c)(442)(i)(H), and (c)(442)(ii) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(428) * * *
(i) * * *
(E) Great Basin Unified Air Pollution Control District.
(1) Rule 221, ``Prevention of Significant Deterioration (PSD)
Permit Requirements for New Major Facilities or Major Modifications in
Attainment or Unclassifiable Areas,'' except for the incorporation by
reference of 40 CFR 52.21(b)(49)(v) into sections C. and D3, adopted on
September 5, 2012.
(F) Butte County Air Quality Management District.
(1) Rule 1107, ``Prevention of Significant Deterioration (PSD)
Permits,'' except for the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections 3 and 4.1, adopted on June 28, 2012.
(ii) Additional materials.
(A) Great Basin Unified Air Pollution Control District.
(1) Letter dated November 13, 2014 from Theodore D. Schade, Great
Basin Unified Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 221 and 40 CFR 51.166.
(2) Letter dated April 15, 2015, from Phillip L. Kiddoo, Great
Basin Unified Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding additional
clarifications of District Rule 221 and 40 CFR 51.166.
(B) Butte County Air Quality Management District.
(1) Letter dated November 13, 2014, from W. James Wagoner, Butte
County Air Quality Management District, to Gerardo Rios, United States
Environmental Protection Agency Region 9, regarding clarifications of
District Rule 1107 and 40 CFR 51.166.
(2) Letter dated April 8, 2015, from W. James Wagoner, Butte County
Air Quality Management District, to Gerardo Rios, United States
Environmental Protection Agency Region 9, regarding additional
clarifications of District Rule 1107 and 40 CFR 51.166.
(429) * * *
(i) * * *
(D) Feather River Air Quality Management District.
(1) Rule 10.10, ``Prevention of Significant Deterioration,'' except
for the incorporation by reference of 40 CFR 52.21(b)(49)(v) into
sections B and F.1, adopted on August 1, 2011.
(ii) Additional materials.
(A) Feather River Air Quality Management District.
(1) Letter dated December 18, 2014 from Christopher D. Brown,
Feather River Air Quality Management District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 10.10 and 40 CFR 51.166.
* * * * *
(441) * * *
(i) * * *
(F) San Luis Obispo County Air Pollution Control District.
(1) Rule 220, ``Federal Prevention of Significant Deterioration,''
except for the incorporation by reference of 40 CFR 52.21(b)(49)(v)
into sections B and D.3., amended on January 22, 2014.
(ii) Additional materials.
(A) San Luis Obispo County Air Pollution Control District.
(1) Letter dated December 16, 2014 from Larry R. Allen, San Luis
Obispo County Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 220 and 40 CFR 51.166.
(442) * * *
(i) * * *
(H) Santa Barbara County Air Pollution Control District.
(1) Rule 810, ``Federal Prevention of Significant Deterioration
(PSD),'' except for the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections B and D.3., amended on June 20, 2013.
(ii) Additional materials.
(A) Santa Barbara County Air Pollution Control District.
(1) Letter dated November 25, 2014 from David Van Mullem, Santa
Barbara County Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 810 and 40 CFR 51.166.
* * * * *
0
3. Section 52.270 is amended by adding paragraphs (b)(11) through (15)
to read as follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(11) The PSD program for the Great Basin Unified Air Pollution
Control District (GBUAPCD), as incorporated by reference in Sec.
52.220(c)(428), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21
to sources located in the GBUAPCD, this approval includes the authority
for the GBUAPCD to conduct general administration of these existing
permits, authority to process and issue any and all subsequent permit
actions relating to such permits, and authority to enforce such
permits.
(12) The PSD program for the Butte County Air Quality Management
District (BCAQMD), as incorporated by reference in Sec.
52.220(c)(428), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21
to sources located in the BCAQMD, this approval includes the
[[Page 69883]]
authority for the BCAQMD to conduct general administration of these
existing permits, authority to process and issue any and all subsequent
permit actions relating to such permits, and authority to enforce such
permits.
(13) The PSD program for the Feather River Air Quality Management
District (FRAQMD), as incorporated by reference in Sec.
52.220(c)(429), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21
to sources located in the FRAQMD, this approval includes the authority
for the FRAQMD to conduct general administration of these existing
permits, authority to process and issue any and all subsequent permit
actions relating to such permits, and authority to enforce such
permits.
(14) The PSD program for the San Luis Obispo County Air Pollution
Control District (SLOAPCD), as incorporated by reference in Sec.
52.220(c)(441), is approved under Part C, Subpart 1, of the Clean Air
Act.
(15) The PSD program for the Santa Barbara County Air Pollution
Control District (SBAPCD), as incorporated by reference in Sec.
52.220(c)(442), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21
to sources located in the SBAPCD, this approval includes the authority
for the SBAPCD to conduct general administration of these existing
permits, authority to process and issue any and all subsequent permit
actions relating to such permits, and authority to enforce such
permits.
[FR Doc. 2015-28624 Filed 11-10-15; 8:45 am]
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