Limited Federal Implementation Plan; Prevention of Significant Deterioration Requirements for Fine Particulate Matter (PM2.5, 14608-14611 [2017-05557]
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14608
Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations
Dated: March 6, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–05648 Filed 3–21–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0727; FRL–9960–32–
Region 9]
Limited Federal Implementation Plan;
Prevention of Significant Deterioration
Requirements for Fine Particulate
Matter (PM2.5); California; North Coast
Unified Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a limited
Federal Implementation Plan (FIP)
under the Clean Air Act (CAA or Act)
to apply to the North Coast Unified Air
Quality Management District (North
Coast Unified AQMD or District) in
California. This limited FIP will
implement provisions to regulate fine
particulate matter (PM2.5) under the
CAA Prevention of Significant
Deterioration (PSD) program within the
District. The EPA previously issued two
findings of failure to submit a State
Implementation Plan (SIP) addressing
these PSD requirements and also issued
a partial disapproval action applicable
to the North Coast Unified AQMD
portion of the California SIP that
triggered the duty under CAA section
110(c)(1) for the EPA to promulgate this
limited FIP. Under this final rule, the
EPA will be the CAA PSD permitting
authority for any new or modified major
sources subject to PSD review for PM2.5
or its precursors within the District.
DATES: This rule is effective on April 21,
2017.
ADDRESSES: The EPA has established
Docket ID Number EPA–R09–OAR–
2016–0727 for this action. All
documents in the docket are listed in
the www.regulations.gov index for this
rulemaking. Although listed in the
index, some information is not publicly
available (e.g., CBI or other information
whose disclosure is restricted by
statute). Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically at
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SUMMARY:
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www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105 during normal
business hours. For security purposes,
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section during normal business hours to
view a hard copy of the docket.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, (415) 972–3534 or
yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On December 22, 2016 (81 FR 93872),
the EPA proposed a limited FIP for the
North Coast Unified AQMD in
California, which would apply the
EPA’s PSD regulatory program under 40
CFR 52.21 specifically to sources in the
District subject to PSD review for
emissions of PM2.5 or PM2.5 precursors.
CAA section 110(c)(1) requires the EPA
Administrator to promulgate a FIP at
any time within two years after the
Administrator either finds that a state
has failed to make a required SIP
submission or disapproves a state’s SIP
in whole or in part, unless the state
submits and the EPA approves a SIP
that corrects the deficiency before the
Administrator promulgates the FIP. In
this case, as discussed in the EPA’s
proposal for this limited FIP action, the
EPA is required to promulgate this FIP
for sources subject to PSD review for
emissions of PM2.5 or PM2.5 precursors
in the North Coast Unified AQMD in
order to address SIP deficiencies
relating to the PSD requirements for
such sources that EPA identified in
earlier actions; California has not
submitted revised rules that resolve
these deficiencies and thus we have not
approved a SIP submittal for the North
Coast Unified AQMD to correct these
deficiencies.
The requirement that the EPA
promulgate this limited FIP for the
North Coast Unified AQMD stems from
several actions taken previously by the
EPA in accordance with CAA
requirements. In 2008, the EPA
promulgated a rulemaking finalizing
regulations to implement the New
Source Review program for PM2.5 (PM2.5
NSR Rule).1 The PM2.5 NSR Rule
1 Implementation of the New Source Review
(NSR) Program for Particulate Matter Less than 2.5
Micrometers (PM2.), 73 FR 28321 (May 16, 2008).
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required, among other things, that states
develop SIPs addressing the PSD
permitting requirements for the
regulation of major stationary sources
and major modifications of PM2.5
emissions, including such sources
emitting precursors of PM2.5. In 2010,
the EPA promulgated a rulemaking
amending the PSD program regulations
for PM2.5 to add provisions governing
the maximum allowable increases in
ambient pollutant concentrations
(increments), with which new major
stationary sources and major
modifications of PM2.5 or PM2.5
precursor emissions must demonstrate
compliance as a condition of obtaining
a PSD permit (PM2.5 Increments Rule).2
The PM2.5 Increments Rule requires
states to submit SIPs modifying their
PSD permitting regulations to
incorporate the PM2.5 increment
provisions.
On January 15, 2013, the EPA issued
a finding of failure to submit for the
State of California in which it found that
California had failed to make an
infrastructure 3 SIP submittal providing
certain required basic program elements
of CAA section 110(a)(2) that are
necessary to implement the 2008 Ozone
National Ambient Air Quality Standard
(NAAQS).4 Relevant here, the EPA
found that California had not submitted
a SIP to address the PSD permitting
requirements of CAA section
110(a)(2)(C), (D)(i)(II), and (J) for areas
including the North Coast Unified
AQMD. That finding resulted in a
deadline of February 14, 2015, for the
EPA to promulgate a FIP pursuant to
CAA section 110(c)(1) to address the
outstanding SIP elements unless, prior
to that time, the State submitted, and
the EPA approved, a SIP that corrected
the identified deficiencies.5
On April 1, 2016, the EPA published
a final rule partially approving and
partially disapproving several CAA
infrastructure SIP revisions submitted
by the State of California related to the
implementation, maintenance and
enforcement of the NAAQS for ozone,
PM2.5, lead, nitrogen dioxide (NO2), and
sulfur dioxide (SO2).6 We partially
2 Prevention of Significant Deterioration (PSD) for
Particulate Matter Less than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentrations
(SMC), 75 FR 64864 (Oct. 20, 2010). The PM2.5
Increments Rule also promulgated several optional
revisions to the PSD permitting program which are
not addressed in this notice.
3 We refer to such SIP revision submittals as
‘‘infrastructure’’ SIPs because they are intended to
address the basic structural SIP requirements for
new or revised NAAQS.
4 78 FR 2882, 2889.
5 See 78 FR at 2886.
6 81 FR 18766.
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disapproved a portion of these
infrastructure SIP submittals as they
pertained to the North Coast Unified
AQMD with respect to the PSD-related
requirements of CAA sections
110(a)(2)(C), (D)(i)(II), and (J) for all of
these NAAQS, in part because we found
that the District’s SIP-approved PSD
program did not include requirements
for the regulation of PM2.5 and PM2.5
precursors, condensable PM2.5, or PSD
increments for PM2.5.7 This
infrastructure SIP partial disapproval
action also triggered a duty for the EPA
to promulgate a FIP pursuant to CAA
section 110(c)(1) to address the
identified deficiencies related to the
District’s PSD program for PM2.5, unless,
prior to that time, the State submitted,
and the EPA approved, a SIP that
corrected the identified deficiencies.8
The State has not submitted a SIP
revision that would correct the North
Coast Unified AQMD’s SIP deficiencies
relating to the PSD program for PM2.5
and therefore EPA has not approved
such a SIP revision. Thus, for these
PM2.5 PSD requirements, the EPA
remains subject to the duty to
promulgate a FIP for the District that
was triggered by our January 15, 2013
finding of failure to submit and our
April 1, 2016 partial disapproval action
for the infrastructure SIP requirements
for the NAAQS discussed above.
On September 2, 2014, the EPA
published a final rule finding that the
North Coast Unified AQMD had failed
to make a complete submittal to address
new requirements for PM2.5 increments
in its PSD program as required by
implementing regulations that the EPA
promulgated on October 20, 2010.9 That
finding resulted in a duty and a
deadline of October 2, 2016 for the EPA
to promulgate a FIP pursuant to CAA
section 110(c)(1) to address these
outstanding SIP elements unless, prior
to that time, the State submitted, and
the EPA approved, a SIP that corrected
the identified deficiencies. As noted
above, the EPA has not approved a SIP
revision for California that would
address the requirements for PM2.5
increments in the PSD program for the
7 The EPA’s April 1, 2016 partial disapproval
action for infrastructure SIP requirements in CAA
sections 110(a)(2)(C), (D)(i)(II), and (J) for the North
Coast Unified AQMD was also based on the EPA’s
finding that the District’s SIP-approved PSD
program did not regulate oxides of nitrogen (NOX)
as an ozone precursor. 81 FR at 18773. However,
we noted in that action that the EPA had already
promulgated a limited FIP on August 8, 2011 to
remedy that SIP deficiency, and thus our 2016
partial disapproval action did not trigger a new PSD
FIP obligation related to NOX as an ozone precursor.
See 81 FR at 18773, 18775; see also 76 FR 48006
(Aug. 8, 2011).
8 See 81 FR at 18775–18776.
9 79 FR 51913.
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North Coast Unified AQMD, thus the
EPA remains subject to the requirement
that it promulgate a FIP to do so.
In sum, the EPA has not approved a
PSD SIP revision for California that
would address the District’s PM2.5 PSD
program SIP deficiencies identified in
the January 15, 2013, September 2,
2014, and April 1, 2016 EPA actions
discussed above. Accordingly, as
authorized by CAA section 110(c)(1),
the EPA proposed to promulgate a
limited FIP for the North Coast Unified
AQMD in order to address the identified
deficiencies in the State’s PSD program
with respect to the regulation of major
stationary sources and major
modifications of sources subject to PSD
review for emissions of PM2.5 or PM2.5
precursors.
II. Public Comments
The EPA’s proposed FIP action
provided a 30-day public comment
period, which closed on January 23,
2017. The EPA also preliminarily
scheduled a public hearing for January
13, 2017 to receive written and oral
comments on our proposed action,
which we stated would be held only if
we received a written request for such
a hearing by December 29, 2016. No one
requested such a hearing during this
period and therefore the hearing was
canceled. During the public comment
period, we received no comments on
our proposed action.
III. EPA Action
Under CAA section 110(c)(1) and for
the reasons discussed in our December
22, 2016 proposed rule and in the
Proposed Action section of this notice,
we are finalizing the limited PSD FIP for
the North Coast Unified AQMD as
proposed. CAA section 110(c)(1)
requires the Administrator to
promulgate a FIP at any time within two
years after the Administrator either
finds that a state has failed to make a
required submission or disapproves a
state’s SIP in whole or in part, unless
the state submits and the EPA approves
a SIP that corrects the deficiency before
the Administrator promulgates a FIP. As
indicated earlier in this notice, the EPA
has not approved a PSD SIP revision for
California to regulate PM2.5 and PM2.5
precursors in the North Coast Unified
AQMD that would address the District’s
PM2.5 PSD program deficiencies
identified in the January 15, 2013,
September 2, 2014, and April 1, 2016
EPA actions discussed above.
Accordingly, as authorized by CAA
section 110(c)(1), the EPA is
promulgating a limited FIP for the North
Coast Unified AQMD in order to address
the identified deficiencies in the State’s
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PSD program with respect to the
regulation of major stationary sources
and major modifications of sources
subject to PSD review for emissions of
PM2.5 or PM2.5 precursors.
This limited FIP consists of the EPA
regulations found in 40 CFR 52.21,
including the PSD applicability
provisions, with a limitation to assure
that, strictly for purposes of this
rulemaking, the FIP applies only to the
regulation of PM2.5 and PM2.5
precursors. Accordingly, for the
purposes of ensuring compliance with
the PSD permitting requirements with
respect to PM2.5 and PM2.5 precursors
for sources within the North Coast
Unified AQMD, the EPA will serve as
the PSD permitting authority.
The EPA has previously promulgated
limited CAA PSD FIPs for the North
Coast Unified AQMD to implement the
federal PSD permitting program under
40 CFR 52.21 for certain other sources
and pollutants, including the PSD
program as it regulates oxides of
nitrogen (NOX) as an ozone precursor, as
discussed above; these limited FIPs
remain in effect. See 40 CFR
52.270(b)(2). The EPA and the District
have entered into partial delegation
agreements pursuant to 40 CFR 52.21(u),
dated January 8, 1993 and October 6,
2015, whereby the EPA has delegated
authority to the District to conduct PSD
review for certain sources subject to
these limited PSD FIPs. The District
may similarly seek a partial delegation
of authority from the EPA, pursuant to
40 CFR 52.21(u), to conduct PSD review
for the sources regulated under this
limited PSD FIP. For all other major
emitting facilities and pollutants not
covered by the limited PSD FIPs
applicable to the District as specified in
40 CFR 52.270(b)(2), the North Coast
Unified AQMD will continue to serve as
the PSD permitting authority under its
SIP-approved PSD program.
This limited FIP is narrow in scope,
in that it will only address the PM2.5
PSD deficiencies for the District that
were identified in our 2016
infrastructure SIP partial disapproval
action. We note that such deficiencies
include the deficiencies for PSD
requirements for PM2.5 increments that
were also the focus of the EPA’s
September 2, 2014 finding of failure to
submit action. Today’s final limited FIP
action will satisfy the remaining FIP
requirements for the North Coast
Unified AQMD that were triggered by
our January 15, 2013 finding of failure
to submit relating to ozone
infrastructure SIP requirements; our
September 2, 2014 finding of failure to
submit related to the District’s PSD
requirements for PM2.5 increments; and
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our April 1, 2016 partial disapproval
action for the infrastructure SIP
requirements for the NAAQS for ozone,
PM2.5, lead, NO2, and SO2. This limited
FIP will be codified in 40 CFR
52.270(b)(2)(v).
This limited FIP will remain in place
until California submits a SIP revision
addressing the identified deficiencies
relating to the District’s PSD program for
PM2.5 and we approve that SIP revision.
The EPA is working with the North
Coast Unified AQMD to develop District
rules that would address these
requirements.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning, and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and therefore was not
submitted to the Office of Management
and Budget (OMB) for review.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
OMB has previously approved the
information collection requirements
contained in the existing regulations for
PSD (e.g., 40 CFR 52.21) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
0003. The OMB control numbers for the
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. The small entities
subject to the requirements of this
action are a single biomass generating
facility, which is currently not
operating. The Agency has determined
that this single facility may experience
an impact associated with the
requirements of this action, but only in
the event that the facility elects to
significantly expand its operations. The
EPA is not aware of any specific new
sources that would be subject to
regulation under this action in the
future. We expect a negligible financial
impact on any facilities subject to the
requirements of this action because any
such facility would be subject to
substantially similar, and in some
respects more stringent, regulatory
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requirements that are already in effect
under state and federal law.
Thus, Executive Order 13175 does not
apply to this rule.
D. Unfunded Mandates Reform Act
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments.
While the EPA’s action will lead to the
application of federal PSD regulations
for PM2.5 to sources within the North
Coast Unified AQMD, general PSD
requirements for major emitting
facilities with emissions of other
regulated NSR pollutants already apply
within the District, and thus the
incremental impact associated with
application of the specific requirements
of the PSD regulations for certain
sources emitting PM2.5 or its precursors
is expected to be relatively minor. In
addition, there are few major emitting
facilities currently located in the District
that would be subject to the
requirements of the FIP. The EPA is not
aware of any specific new sources that
would be subject to regulation under
our narrow FIP in the future.
Accordingly, the EPA has determined
that this action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and that it will not
significantly or uniquely affect small
governments.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
and Consultation With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes. The FIP
is not applicable 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.
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The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because, as a limited FIP establishing
PSD regulatory requirements for the
PM2.5 NAAQS for certain sources
located in the North Coast Unified
AQMD, it implements a previously
promulgated federal standard.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of
protection provided to human health or
the environment. With this action, the
EPA is only implementing the PSD
permitting requirements mandated by
the CAA in order to ensure compliance
with the PM2.5 NAAQS and PM2.5
increments, which were promulgated in
separate, prior rulemaking actions.
K. Congressional Review Act
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
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Court of Appeals for the appropriate
circuit by May 22, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 section
CAA 307(b)(2)).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
SUMMARY:
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.270 is amended by
adding paragraph (b)(2)(v) to read as
follows:
■
§ 52.270
quality.
Significant deterioration of air
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*
*
*
*
*
(b) * * *
(2) * * *
(v) Those projects that are major
stationary sources or major
modifications for emissions of PM2.5 or
its precursors under § 52.21, and those
projects that are major stationary
sources under § 52.21 with the potential
to emit PM2.5 or its precursors at a rate
that would meet or exceed the rates
specified at § 52.21(b)(23)(i).
*
*
*
*
*
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40 CFR Part 52
[EPA–R04–OAR–2015–0248; FRL–9957–89–
Region 4]
Air Plan Approval; Georgia; Atlanta;
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the portion of a state
implementation plan (SIP) revision
submitted on February 6, 2015, by the
State of Georgia, through the Georgia
Environmental Protection Division (GA
EPD), addressing the nonattainment
new source review (NNSR)
requirements for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) for the Atlanta, Georgia 2008
8-hour ozone nonattainment area
(hereinafter referred to as the ‘‘Atlanta
Area’’ or ‘‘Area’’). The Atlanta Area is
comprised of 15 counties in Atlanta
(Bartow, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale). This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This direct final rule is effective
May 22, 2017 without further notice,
unless EPA receives adverse comments
by April 21, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0248 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
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additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mrs.
Sheckler can be reached by telephone at
(404) 562–9222 or via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Atlanta Area
was designated nonattainment for the
2008 8-hour ozone NAAQS on April 30,
2012 (effective July 20, 2012) using
2009–2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time
of designation, the Atlanta Area was
classified as a marginal nonattainment
area. On March 6, 2015, EPA issued a
final rule entitled, ‘‘Implementation of
the 2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements’’
(SIP Requirements Rule), which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2008 8-hour
E:\FR\FM\22MRR1.SGM
22MRR1
Agencies
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14608-14611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05557]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0727; FRL-9960-32-Region 9]
Limited Federal Implementation Plan; Prevention of Significant
Deterioration Requirements for Fine Particulate Matter (PM2.5);
California; North Coast Unified Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited Federal Implementation Plan (FIP) under the Clean Air Act (CAA
or Act) to apply to the North Coast Unified Air Quality Management
District (North Coast Unified AQMD or District) in California. This
limited FIP will implement provisions to regulate fine particulate
matter (PM2.5) under the CAA Prevention of Significant
Deterioration (PSD) program within the District. The EPA previously
issued two findings of failure to submit a State Implementation Plan
(SIP) addressing these PSD requirements and also issued a partial
disapproval action applicable to the North Coast Unified AQMD portion
of the California SIP that triggered the duty under CAA section
110(c)(1) for the EPA to promulgate this limited FIP. Under this final
rule, the EPA will be the CAA PSD permitting authority for any new or
modified major sources subject to PSD review for PM2.5 or
its precursors within the District.
DATES: This rule is effective on April 21, 2017.
ADDRESSES: The EPA has established Docket ID Number EPA-R09-OAR-2016-
0727 for this action. All documents in the docket are listed in the
www.regulations.gov index for this rulemaking. Although listed in the
index, some information is not publicly available (e.g., CBI or other
information whose disclosure is restricted by statute). Certain other
material, such as copyrighted material, will be publicly available only
in hard copy form. Publicly available docket materials are available
either electronically at www.regulations.gov or in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, CA 94105 during normal
business hours. For security purposes, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section during normal
business hours to view a hard copy of the docket.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, (415) 972-3534 or
yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On December 22, 2016 (81 FR 93872), the EPA proposed a limited FIP
for the North Coast Unified AQMD in California, which would apply the
EPA's PSD regulatory program under 40 CFR 52.21 specifically to sources
in the District subject to PSD review for emissions of PM2.5
or PM2.5 precursors. CAA section 110(c)(1) requires the EPA
Administrator to promulgate a FIP at any time within two years after
the Administrator either finds that a state has failed to make a
required SIP submission or disapproves a state's SIP in whole or in
part, unless the state submits and the EPA approves a SIP that corrects
the deficiency before the Administrator promulgates the FIP. In this
case, as discussed in the EPA's proposal for this limited FIP action,
the EPA is required to promulgate this FIP for sources subject to PSD
review for emissions of PM2.5 or PM2.5 precursors
in the North Coast Unified AQMD in order to address SIP deficiencies
relating to the PSD requirements for such sources that EPA identified
in earlier actions; California has not submitted revised rules that
resolve these deficiencies and thus we have not approved a SIP
submittal for the North Coast Unified AQMD to correct these
deficiencies.
The requirement that the EPA promulgate this limited FIP for the
North Coast Unified AQMD stems from several actions taken previously by
the EPA in accordance with CAA requirements. In 2008, the EPA
promulgated a rulemaking finalizing regulations to implement the New
Source Review program for PM2.5 (PM2.5 NSR
Rule).\1\ The PM2.5 NSR Rule required, among other things,
that states develop SIPs addressing the PSD permitting requirements for
the regulation of major stationary sources and major modifications of
PM2.5 emissions, including such sources emitting precursors
of PM2.5. In 2010, the EPA promulgated a rulemaking amending
the PSD program regulations for PM2.5 to add provisions
governing the maximum allowable increases in ambient pollutant
concentrations (increments), with which new major stationary sources
and major modifications of PM2.5 or PM2.5
precursor emissions must demonstrate compliance as a condition of
obtaining a PSD permit (PM2.5 Increments Rule).\2\ The
PM2.5 Increments Rule requires states to submit SIPs
modifying their PSD permitting regulations to incorporate the
PM2.5 increment provisions.
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\1\ Implementation of the New Source Review (NSR) Program for
Particulate Matter Less than 2.5 Micrometers (PM2.), 73
FR 28321 (May 16, 2008).
\2\ Prevention of Significant Deterioration (PSD) for
Particulate Matter Less than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant
Monitoring Concentrations (SMC), 75 FR 64864 (Oct. 20, 2010). The
PM2.5 Increments Rule also promulgated several optional
revisions to the PSD permitting program which are not addressed in
this notice.
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On January 15, 2013, the EPA issued a finding of failure to submit
for the State of California in which it found that California had
failed to make an infrastructure \3\ SIP submittal providing certain
required basic program elements of CAA section 110(a)(2) that are
necessary to implement the 2008 Ozone National Ambient Air Quality
Standard (NAAQS).\4\ Relevant here, the EPA found that California had
not submitted a SIP to address the PSD permitting requirements of CAA
section 110(a)(2)(C), (D)(i)(II), and (J) for areas including the North
Coast Unified AQMD. That finding resulted in a deadline of February 14,
2015, for the EPA to promulgate a FIP pursuant to CAA section 110(c)(1)
to address the outstanding SIP elements unless, prior to that time, the
State submitted, and the EPA approved, a SIP that corrected the
identified deficiencies.\5\
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\3\ We refer to such SIP revision submittals as
``infrastructure'' SIPs because they are intended to address the
basic structural SIP requirements for new or revised NAAQS.
\4\ 78 FR 2882, 2889.
\5\ See 78 FR at 2886.
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On April 1, 2016, the EPA published a final rule partially
approving and partially disapproving several CAA infrastructure SIP
revisions submitted by the State of California related to the
implementation, maintenance and enforcement of the NAAQS for ozone,
PM2.5, lead, nitrogen dioxide (NO2), and sulfur
dioxide (SO2).\6\ We partially
[[Page 14609]]
disapproved a portion of these infrastructure SIP submittals as they
pertained to the North Coast Unified AQMD with respect to the PSD-
related requirements of CAA sections 110(a)(2)(C), (D)(i)(II), and (J)
for all of these NAAQS, in part because we found that the District's
SIP-approved PSD program did not include requirements for the
regulation of PM2.5 and PM2.5 precursors,
condensable PM2.5, or PSD increments for
PM2.5.\7\ This infrastructure SIP partial disapproval action
also triggered a duty for the EPA to promulgate a FIP pursuant to CAA
section 110(c)(1) to address the identified deficiencies related to the
District's PSD program for PM2.5, unless, prior to that
time, the State submitted, and the EPA approved, a SIP that corrected
the identified deficiencies.\8\ The State has not submitted a SIP
revision that would correct the North Coast Unified AQMD's SIP
deficiencies relating to the PSD program for PM2.5 and
therefore EPA has not approved such a SIP revision. Thus, for these
PM2.5 PSD requirements, the EPA remains subject to the duty
to promulgate a FIP for the District that was triggered by our January
15, 2013 finding of failure to submit and our April 1, 2016 partial
disapproval action for the infrastructure SIP requirements for the
NAAQS discussed above.
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\6\ 81 FR 18766.
\7\ The EPA's April 1, 2016 partial disapproval action for
infrastructure SIP requirements in CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) for the North Coast Unified AQMD was also based
on the EPA's finding that the District's SIP-approved PSD program
did not regulate oxides of nitrogen (NOX) as an ozone
precursor. 81 FR at 18773. However, we noted in that action that the
EPA had already promulgated a limited FIP on August 8, 2011 to
remedy that SIP deficiency, and thus our 2016 partial disapproval
action did not trigger a new PSD FIP obligation related to
NOX as an ozone precursor. See 81 FR at 18773, 18775; see
also 76 FR 48006 (Aug. 8, 2011).
\8\ See 81 FR at 18775-18776.
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On September 2, 2014, the EPA published a final rule finding that
the North Coast Unified AQMD had failed to make a complete submittal to
address new requirements for PM2.5 increments in its PSD
program as required by implementing regulations that the EPA
promulgated on October 20, 2010.\9\ That finding resulted in a duty and
a deadline of October 2, 2016 for the EPA to promulgate a FIP pursuant
to CAA section 110(c)(1) to address these outstanding SIP elements
unless, prior to that time, the State submitted, and the EPA approved,
a SIP that corrected the identified deficiencies. As noted above, the
EPA has not approved a SIP revision for California that would address
the requirements for PM2.5 increments in the PSD program for
the North Coast Unified AQMD, thus the EPA remains subject to the
requirement that it promulgate a FIP to do so.
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\9\ 79 FR 51913.
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In sum, the EPA has not approved a PSD SIP revision for California
that would address the District's PM2.5 PSD program SIP
deficiencies identified in the January 15, 2013, September 2, 2014, and
April 1, 2016 EPA actions discussed above. Accordingly, as authorized
by CAA section 110(c)(1), the EPA proposed to promulgate a limited FIP
for the North Coast Unified AQMD in order to address the identified
deficiencies in the State's PSD program with respect to the regulation
of major stationary sources and major modifications of sources subject
to PSD review for emissions of PM2.5 or PM2.5
precursors.
II. Public Comments
The EPA's proposed FIP action provided a 30-day public comment
period, which closed on January 23, 2017. The EPA also preliminarily
scheduled a public hearing for January 13, 2017 to receive written and
oral comments on our proposed action, which we stated would be held
only if we received a written request for such a hearing by December
29, 2016. No one requested such a hearing during this period and
therefore the hearing was canceled. During the public comment period,
we received no comments on our proposed action.
III. EPA Action
Under CAA section 110(c)(1) and for the reasons discussed in our
December 22, 2016 proposed rule and in the Proposed Action section of
this notice, we are finalizing the limited PSD FIP for the North Coast
Unified AQMD as proposed. CAA section 110(c)(1) requires the
Administrator to promulgate a FIP at any time within two years after
the Administrator either finds that a state has failed to make a
required submission or disapproves a state's SIP in whole or in part,
unless the state submits and the EPA approves a SIP that corrects the
deficiency before the Administrator promulgates a FIP. As indicated
earlier in this notice, the EPA has not approved a PSD SIP revision for
California to regulate PM2.5 and PM2.5 precursors
in the North Coast Unified AQMD that would address the District's
PM2.5 PSD program deficiencies identified in the January 15,
2013, September 2, 2014, and April 1, 2016 EPA actions discussed above.
Accordingly, as authorized by CAA section 110(c)(1), the EPA is
promulgating a limited FIP for the North Coast Unified AQMD in order to
address the identified deficiencies in the State's PSD program with
respect to the regulation of major stationary sources and major
modifications of sources subject to PSD review for emissions of
PM2.5 or PM2.5 precursors.
This limited FIP consists of the EPA regulations found in 40 CFR
52.21, including the PSD applicability provisions, with a limitation to
assure that, strictly for purposes of this rulemaking, the FIP applies
only to the regulation of PM2.5 and PM2.5
precursors. Accordingly, for the purposes of ensuring compliance with
the PSD permitting requirements with respect to PM2.5 and
PM2.5 precursors for sources within the North Coast Unified
AQMD, the EPA will serve as the PSD permitting authority.
The EPA has previously promulgated limited CAA PSD FIPs for the
North Coast Unified AQMD to implement the federal PSD permitting
program under 40 CFR 52.21 for certain other sources and pollutants,
including the PSD program as it regulates oxides of nitrogen
(NOX) as an ozone precursor, as discussed above; these
limited FIPs remain in effect. See 40 CFR 52.270(b)(2). The EPA and the
District have entered into partial delegation agreements pursuant to 40
CFR 52.21(u), dated January 8, 1993 and October 6, 2015, whereby the
EPA has delegated authority to the District to conduct PSD review for
certain sources subject to these limited PSD FIPs. The District may
similarly seek a partial delegation of authority from the EPA, pursuant
to 40 CFR 52.21(u), to conduct PSD review for the sources regulated
under this limited PSD FIP. For all other major emitting facilities and
pollutants not covered by the limited PSD FIPs applicable to the
District as specified in 40 CFR 52.270(b)(2), the North Coast Unified
AQMD will continue to serve as the PSD permitting authority under its
SIP-approved PSD program.
This limited FIP is narrow in scope, in that it will only address
the PM2.5 PSD deficiencies for the District that were
identified in our 2016 infrastructure SIP partial disapproval action.
We note that such deficiencies include the deficiencies for PSD
requirements for PM2.5 increments that were also the focus
of the EPA's September 2, 2014 finding of failure to submit action.
Today's final limited FIP action will satisfy the remaining FIP
requirements for the North Coast Unified AQMD that were triggered by
our January 15, 2013 finding of failure to submit relating to ozone
infrastructure SIP requirements; our September 2, 2014 finding of
failure to submit related to the District's PSD requirements for
PM2.5 increments; and
[[Page 14610]]
our April 1, 2016 partial disapproval action for the infrastructure SIP
requirements for the NAAQS for ozone, PM2.5, lead,
NO2, and SO2. This limited FIP will be codified
in 40 CFR 52.270(b)(2)(v).
This limited FIP will remain in place until California submits a
SIP revision addressing the identified deficiencies relating to the
District's PSD program for PM2.5 and we approve that SIP
revision. The EPA is working with the North Coast Unified AQMD to
develop District rules that would address these requirements.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning, and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The OMB has previously approved the information collection requirements
contained in the existing regulations for PSD (e.g., 40 CFR 52.21)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0003. The OMB control
numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part
9.
C. Regulatory Flexibility Act
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are a single
biomass generating facility, which is currently not operating. The
Agency has determined that this single facility may experience an
impact associated with the requirements of this action, but only in the
event that the facility elects to significantly expand its operations.
The EPA is not aware of any specific new sources that would be subject
to regulation under this action in the future. We expect a negligible
financial impact on any facilities subject to the requirements of this
action because any such facility would be subject to substantially
similar, and in some respects more stringent, regulatory requirements
that are already in effect under state and federal law.
D. Unfunded Mandates Reform Act
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. While the EPA's
action will lead to the application of federal PSD regulations for
PM2.5 to sources within the North Coast Unified AQMD,
general PSD requirements for major emitting facilities with emissions
of other regulated NSR pollutants already apply within the District,
and thus the incremental impact associated with application of the
specific requirements of the PSD regulations for certain sources
emitting PM2.5 or its precursors is expected to be
relatively minor. In addition, there are few major emitting facilities
currently located in the District that would be subject to the
requirements of the FIP. The EPA is not aware of any specific new
sources that would be subject to regulation under our narrow FIP in the
future. Accordingly, the EPA has determined that this action does not
contain an unfunded mandate of $100 million or more as described in
UMRA, 2 U.S.C. 1531-1538, and that it will not significantly or
uniquely affect small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination and Consultation With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes. The FIP is not
applicable 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. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because, as a limited FIP establishing PSD
regulatory requirements for the PM2.5 NAAQS for certain
sources located in the North Coast Unified AQMD, it implements a
previously promulgated federal standard.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of protection provided to human
health or the environment. With this action, the EPA is only
implementing the PSD permitting requirements mandated by the CAA in
order to ensure compliance with the PM2.5 NAAQS and
PM2.5 increments, which were promulgated in separate, prior
rulemaking actions.
K. Congressional Review Act
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States
[[Page 14611]]
Court of Appeals for the appropriate circuit by May 22, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 section CAA 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
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 52.270 is amended by adding paragraph (b)(2)(v) to read as
follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(2) * * *
(v) Those projects that are major stationary sources or major
modifications for emissions of PM2.5 or its precursors under
Sec. 52.21, and those projects that are major stationary sources under
Sec. 52.21 with the potential to emit PM2.5 or its
precursors at a rate that would meet or exceed the rates specified at
Sec. 52.21(b)(23)(i).
* * * * *
[FR Doc. 2017-05557 Filed 3-21-17; 8:45 am]
BILLING CODE 6560-50-P