Conditional Approval of Revision to the California State Implementation Plan; Imperial County Air Pollution Control District; Stationary Sources Permits, 26883-26885 [2017-12134]
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Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules
List of Subjects in 29 CFR Parts 405 and
406
Employers and labor relations
consultants, Reporting and
recordkeeping requirements.
Accordingly, for the reasons stated
herein, the Secretary proposes to amend
parts 405 and 406 of title 29, chapter IV
of the Code of Federal Regulations to
read as the text at 29 CFR parts 405 and
406 (2015).
Signed in Washington, DC, this 5th day of
June, 2017.
Andrew Auerbach,
Deputy Director, Office of Labor-Management
Standards.
[FR Doc. 2017–11983 Filed 6–8–17; 4:15 pm]
BILLING CODE 4510–CP–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0621; FRL–9962–55–
Region 9]
Conditional Approval of Revision to
the California State Implementation
Plan; Imperial County Air Pollution
Control District; Stationary Sources
Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing action on a
revision to the Imperial County Air
Pollution Control District (ICAPCD or
District) portion of the California State
Implementation Plan (SIP). We are
proposing a conditional approval of one
rule. This rule updates and revises the
District’s New Source Review (NSR)
permitting program for new and
SUMMARY:
modified sources of air pollution. We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
July 12, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2015–0621 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Khoi Nguyen, EPA Region IX, (415)
947–4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
26883
Table of Contents
Definitions
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule revision?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The word or initials CAA mean or
refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials CARB mean or refer to
the California Air Resources Board.
(iii) The initials CFR mean or refer to
Code of Federal Regulations.
(iv) The initials or words EPA, we, us
or our mean or refer to the United States
Environmental Protection Agency.
(v) The word or initials ICAPCD or
District mean or refer to the Imperial
County Air Pollution Control District,
the agency with jurisdiction over
stationary sources within Imperial
County.
(vi) The initials NSR mean or refer to
New Source Review.
(vii) The initials SIP mean or refer to
State Implementation Plan.
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
action with the date that it was adopted
by ICAPCD and submitted by the
California Air Resources Board (CARB),
which is the governor’s designee for
California SIP submittals.
TABLE 1—SUBMITTED RULE
Local agency
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ICAPCD ...............................
Rule No.
Rule title
207
New and Modified Stationary Source Review ................
On March 7, 2014, EPA determined
that the submittal for ICAPCD Rule 207
(New and Modified Stationary Source
Review) met the completeness criteria
in 40 CFR part 51 Appendix V. On
December 19, 2016, the EPA proposed a
limited approval and limited
disapproval (LA/LD) of Rule 207 along
with a full approval of two rules—Rule
204 (Applications) and Rule 206
(Processing of Applications). 81 FR
91895. In a separate rulemaking action,
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Adopted/revised
we are finalizing our approval of Rules
204 and 206. We are not finalizing our
proposed LA/LD of Rule 207; instead,
we are proceeding with this proposed
action to conditionally approve Rule
207 into the SIP.
B. Are there other versions of this rule?
EPA approved a previous version of
Rule 207 into the SIP on November 10,
1980 (45 FR 74480). In addition, SIPapproved Rule 209 (Implementation
Plans) and submitted Rule 207, section
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10/22/13
Submitted
1/21/14
D.1.a, contain substantially similar
language. See 45 FR 74480 (November
10, 1980).1
1 Approval of submitted Rule 207 would
supersede our prior actions for SIP-approved Rules
207 and 209. We intend to make conforming
changes to the regulatory text codified in 40 CFR
52.220, 40 CFR 52.232 and 40 CFR 52.233.
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26884
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules
A. How is the EPA evaluating the rule?
The submitted rule must meet the
CAA’s general requirements for SIPs
and SIP revisions in CAA sections
110(a)(2), 110(l), and 193, as well as the
applicable requirements contained in
part D of title I of the Act (sections 172
and 173) for a nonattainment NSR
permit program. In addition, the
submitted rule must contain the
applicable regulatory provisions of 40
CFR 51.160–51.165 and 40 CFR 51.307.
Among other things, section 110 of
the Act requires that SIP rules be
enforceable and provides that EPA may
not approve a SIP revision if it would
interfere with any applicable
requirements concerning attainment and
reasonable further progress or any other
requirement of the CAA. In addition,
section 110(a)(2) and section 110(l) of
the Act require that each SIP or revision
to a SIP submitted by a state must be
adopted after reasonable notice and
public hearing.
Section 110(a)(2)(c) of the Act
requires each SIP to include a permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
SIP as necessary to assure attainment
and maintenance of the NAAQS. EPA’s
regulations at 40 CFR 51.160–51.164
provide general programmatic
requirements to implement this
statutory mandate commonly referred to
as the ‘‘minor NSR’’ or ‘‘general NSR’’
permit program. These NSR program
regulations impose requirements for SIP
approval of state and local programs
that are more general in nature as
compared to the specific statutory and
regulatory requirements for
nonattainment NSR permitting
programs under Part D of title I of the
Act.
Part D of title I of the Act contains the
general requirements for areas
designated nonattainment for a NAAQS
(section 172), including preconstruction
permit requirements for new major
sources and major modifications
proposing to construct in nonattainment
areas (section 173).
Additionally, 40 CFR 51.165 sets forth
EPA’s regulatory requirements for SIPapproval of a nonattainment NSR permit
program.
The protection of visibility
requirements that apply to New Source
Review programs are contained in 40
CFR 51.307. This provision requires that
certain actions be taken in consultation
with the local Federal Land Manager if
a new major source or major
modification may have an impact on
visibility in any mandatory Class I
Federal Area.
Section 110(l) of the Act prohibits
EPA from approving any SIP revisions
that would interfere with any applicable
requirement concerning attainment and
reasonable further progress (RFP) or any
other applicable requirement of the
CAA. Section 193 of the Act, which
only applies in nonattainment areas,
prohibits the modification of a SIPapproved control requirement in effect
before November 15, 1990, in any
manner unless the modification insures
equivalent or greater emission
reductions of such air pollutant.
Our TSD, which can be found in the
docket for this rule, contains a more
detailed discussion of the approval
criteria.
2 EPA initially classified Imperial County as
Marginal for the 2008 ozone NAAQS, but
reclassified the area to Moderate because it failed
to attain the standard by the applicable Marginal
attainment date of July 20, 2015. 81 FR 26697 (May
4, 2016).
B. Does the rule meet the evaluation
criteria?
Rule 207 satisfies the statutory and
regulatory requirements for a general
NSR permit program as set forth in CAA
C. What is the purpose of the submitted
rule revision?
Section 110(a) of the Clean Air Act
(CAA) requires states to submit
regulations that include a preconstruction permit program for certain
new or modified stationary sources of
pollutants, including a permit program
as required by Part D of Title I of the
CAA.
The purpose of District Rule 207 (New
and Modified Stationary Source Review)
is to implement a federal
preconstruction permit program for new
and modified minor sources of regulated
NSR pollutants, and new and modified
major sources of regulated NSR
pollutants for which the area is
designated nonattainment. Imperial
County is currently designated as a
Moderate nonattainment area for the
2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS).2
Portions of the county are designated as
a Serious nonattainment area for the
1987 24-hour PM10 NAAQS, and as a
Moderate nonattainment area for the
2006 24-hour PM2.5 and 2012 annual
PM2.5 NAAQS. We present our
evaluation under the CAA and EPA’s
regulations of the revised NSR rule
submitted by CARB, as identified in
Table 1, and provide our reasoning in
general terms below and a more detailed
analysis in our Technical Support
Document (TSD), which is available in
the docket for the proposed rulemaking.
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II. The EPA’s Evaluation and Action
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section 110(a)(2)(c) and 40 CFR 51.160–
51.164, and the statutory and regulatory
requirements for a nonattainment NSR
permit program for moderate ozone and
serious PM10, nonattainment areas as set
forth in the applicable provisions of part
D of title I of the Act (sections 172 and
173), in 40 CFR 51.165 and 40 CFR
51.307. For a Moderate PM2.5
nonattainment area Rule 207 mostly
satisfies these same requirements;
however, we have determined that it
does not satisfy the requirements of 40
CFR 51.165(a)(13), which requires
ammonia to be regulated as a PM2.5
precursor. Our TSD contains a more
detailed discussion of this issue.3
C. Public Comment and Final Action.
Section 110(k)(4) authorizes the EPA
to conditionally approve a plan revision
based on a commitment by the state to
adopt specific enforceable measures by
a date certain but not later than one year
after the effective date of the plan
approval. In this instance, the
enforceable measure that the State must
submit are revisions to regulate
ammonia as a PM2.5 precursor. The
District submitted a letter committing to
submit a SIP revision that regulates
ammonia as a PM2.5 precursor no later
than one year from the effective of this
final action. If the District fails to
comply with this commitment, this
conditional approval will convert to a
disapproval and start an 18-month clock
for sanctions under CAA section
179(a)(2) and a two-year clock for a
federal implementation plan (FIP) under
CAA section 110(c)(1).
We will accept comments from the
public on the proposed conditional
approval of Rule 207 for the next 30
days.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the ICAPCD rule listed in Table 1 of this
notice. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
3 See
E:\FR\FM\12JNP1.SGM
also, 81 FR 91895 (December 19, 2016).
12JNP1
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules
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 was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
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.
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F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because 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, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
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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 it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action 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 (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
New Source Review, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–12134 Filed 6–9–17; 8:45 am]
BILLING CODE 6560–50–P
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26885
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Chapter IV
Office of the Secretary
45 CFR Subtitle A
[CMS–9928–NC]
RIN 0938–ZB39
Reducing Regulatory Burdens
Imposed by the Patient Protection and
Affordable Care Act & Improving
Healthcare Choices To Empower
Patients
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Request for information.
AGENCY:
The Department of Health and
Human Services (HHS) is actively
working to reduce regulatory burdens
and improve health insurance options
under Title I of the Patient Protection
and Affordable Care Act. Executive
Order 13765, ‘‘Minimizing the
Economic Burden of the Patient
Protection and Affordable Care Act
Pending Repeal,’’ directs the Secretary
of Health and Human Services to
achieve these aims. HHS seeks comment
from interested parties to inform its
ongoing efforts to create a more patientcentered health care system that adheres
to the key principles of affordability,
accessibility, quality, innovation, and
empowerment.
SUMMARY:
Comments must be submitted on
or before July 12, 2017.
ADDRESSES: You may submit comments
in one of three ways (please choose only
one of the ways listed):
1. Electronically. You may submit
electronic comments to https://
www.regulations.gov. Follow the
‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–9928–NC, P.O. Box 8016,
Baltimore, MD 21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–9928–NC,
DATES:
E:\FR\FM\12JNP1.SGM
12JNP1
Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26883-26885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12134]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0621; FRL-9962-55-Region 9]
Conditional Approval of Revision to the California State
Implementation Plan; Imperial County Air Pollution Control District;
Stationary Sources Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on a revision to the Imperial County Air Pollution Control District
(ICAPCD or District) portion of the California State Implementation
Plan (SIP). We are proposing a conditional approval of one rule. This
rule updates and revises the District's New Source Review (NSR)
permitting program for new and modified sources of air pollution. We
are taking comments on this proposal and plan to follow with a final
action.
DATES: Any comments must arrive by July 12, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0621 at https://www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, EPA Region IX, (415) 947-
4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
Definitions
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials CAA mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials CARB mean or refer to the California Air
Resources Board.
(iii) The initials CFR mean or refer to Code of Federal
Regulations.
(iv) The initials or words EPA, we, us or our mean or refer to the
United States Environmental Protection Agency.
(v) The word or initials ICAPCD or District mean or refer to the
Imperial County Air Pollution Control District, the agency with
jurisdiction over stationary sources within Imperial County.
(vi) The initials NSR mean or refer to New Source Review.
(vii) The initials SIP mean or refer to State Implementation Plan.
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this action with the date that
it was adopted by ICAPCD and submitted by the California Air Resources
Board (CARB), which is the governor's designee for California SIP
submittals.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted/revised Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD........................ 207 New and Modified 10/22/13 1/21/14
Stationary Source
Review.
----------------------------------------------------------------------------------------------------------------
On March 7, 2014, EPA determined that the submittal for ICAPCD Rule
207 (New and Modified Stationary Source Review) met the completeness
criteria in 40 CFR part 51 Appendix V. On December 19, 2016, the EPA
proposed a limited approval and limited disapproval (LA/LD) of Rule 207
along with a full approval of two rules--Rule 204 (Applications) and
Rule 206 (Processing of Applications). 81 FR 91895. In a separate
rulemaking action, we are finalizing our approval of Rules 204 and 206.
We are not finalizing our proposed LA/LD of Rule 207; instead, we are
proceeding with this proposed action to conditionally approve Rule 207
into the SIP.
B. Are there other versions of this rule?
EPA approved a previous version of Rule 207 into the SIP on
November 10, 1980 (45 FR 74480). In addition, SIP-approved Rule 209
(Implementation Plans) and submitted Rule 207, section D.1.a, contain
substantially similar language. See 45 FR 74480 (November 10, 1980).\1\
---------------------------------------------------------------------------
\1\ Approval of submitted Rule 207 would supersede our prior
actions for SIP-approved Rules 207 and 209. We intend to make
conforming changes to the regulatory text codified in 40 CFR 52.220,
40 CFR 52.232 and 40 CFR 52.233.
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[[Page 26884]]
C. What is the purpose of the submitted rule revision?
Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that include a pre-construction permit program for certain
new or modified stationary sources of pollutants, including a permit
program as required by Part D of Title I of the CAA.
The purpose of District Rule 207 (New and Modified Stationary
Source Review) is to implement a federal preconstruction permit program
for new and modified minor sources of regulated NSR pollutants, and new
and modified major sources of regulated NSR pollutants for which the
area is designated nonattainment. Imperial County is currently
designated as a Moderate nonattainment area for the 2008 8-hour ozone
National Ambient Air Quality Standards (NAAQS).\2\ Portions of the
county are designated as a Serious nonattainment area for the 1987 24-
hour PM10 NAAQS, and as a Moderate nonattainment area for
the 2006 24-hour PM2.5 and 2012 annual PM2.5
NAAQS. We present our evaluation under the CAA and EPA's regulations of
the revised NSR rule submitted by CARB, as identified in Table 1, and
provide our reasoning in general terms below and a more detailed
analysis in our Technical Support Document (TSD), which is available in
the docket for the proposed rulemaking.
---------------------------------------------------------------------------
\2\ EPA initially classified Imperial County as Marginal for the
2008 ozone NAAQS, but reclassified the area to Moderate because it
failed to attain the standard by the applicable Marginal attainment
date of July 20, 2015. 81 FR 26697 (May 4, 2016).
---------------------------------------------------------------------------
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
The submitted rule must meet the CAA's general requirements for
SIPs and SIP revisions in CAA sections 110(a)(2), 110(l), and 193, as
well as the applicable requirements contained in part D of title I of
the Act (sections 172 and 173) for a nonattainment NSR permit program.
In addition, the submitted rule must contain the applicable regulatory
provisions of 40 CFR 51.160-51.165 and 40 CFR 51.307.
Among other things, section 110 of the Act requires that SIP rules
be enforceable and provides that EPA may not approve a SIP revision if
it would interfere with any applicable requirements concerning
attainment and reasonable further progress or any other requirement of
the CAA. In addition, section 110(a)(2) and section 110(l) of the Act
require that each SIP or revision to a SIP submitted by a state must be
adopted after reasonable notice and public hearing.
Section 110(a)(2)(c) of the Act requires each SIP to include a
permit program to regulate the modification and construction of any
stationary source within the areas covered by the SIP as necessary to
assure attainment and maintenance of the NAAQS. EPA's regulations at 40
CFR 51.160-51.164 provide general programmatic requirements to
implement this statutory mandate commonly referred to as the ``minor
NSR'' or ``general NSR'' permit program. These NSR program regulations
impose requirements for SIP approval of state and local programs that
are more general in nature as compared to the specific statutory and
regulatory requirements for nonattainment NSR permitting programs under
Part D of title I of the Act.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), including
preconstruction permit requirements for new major sources and major
modifications proposing to construct in nonattainment areas (section
173).
Additionally, 40 CFR 51.165 sets forth EPA's regulatory
requirements for SIP-approval of a nonattainment NSR permit program.
The protection of visibility requirements that apply to New Source
Review programs are contained in 40 CFR 51.307. This provision requires
that certain actions be taken in consultation with the local Federal
Land Manager if a new major source or major modification may have an
impact on visibility in any mandatory Class I Federal Area.
Section 110(l) of the Act prohibits EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the CAA. Section 193 of the Act, which
only applies in nonattainment areas, prohibits the modification of a
SIP-approved control requirement in effect before November 15, 1990, in
any manner unless the modification insures equivalent or greater
emission reductions of such air pollutant.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
B. Does the rule meet the evaluation criteria?
Rule 207 satisfies the statutory and regulatory requirements for a
general NSR permit program as set forth in CAA section 110(a)(2)(c) and
40 CFR 51.160-51.164, and the statutory and regulatory requirements for
a nonattainment NSR permit program for moderate ozone and serious
PM10, nonattainment areas as set forth in the applicable
provisions of part D of title I of the Act (sections 172 and 173), in
40 CFR 51.165 and 40 CFR 51.307. For a Moderate PM2.5
nonattainment area Rule 207 mostly satisfies these same requirements;
however, we have determined that it does not satisfy the requirements
of 40 CFR 51.165(a)(13), which requires ammonia to be regulated as a
PM2.5 precursor. Our TSD contains a more detailed discussion
of this issue.\3\
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\3\ See also, 81 FR 91895 (December 19, 2016).
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C. Public Comment and Final Action.
Section 110(k)(4) authorizes the EPA to conditionally approve a
plan revision based on a commitment by the state to adopt specific
enforceable measures by a date certain but not later than one year
after the effective date of the plan approval. In this instance, the
enforceable measure that the State must submit are revisions to
regulate ammonia as a PM2.5 precursor. The District
submitted a letter committing to submit a SIP revision that regulates
ammonia as a PM2.5 precursor no later than one year from the
effective of this final action. If the District fails to comply with
this commitment, this conditional approval will convert to a
disapproval and start an 18-month clock for sanctions under CAA section
179(a)(2) and a two-year clock for a federal implementation plan (FIP)
under CAA section 110(c)(1).
We will accept comments from the public on the proposed conditional
approval of Rule 207 for the next 30 days.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the ICAPCD rule listed in Table 1 of this notice. The EPA has
made, and will continue to make, these documents available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be
[[Page 26885]]
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 was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
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 With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
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 it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action 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 (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New Source Review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12134 Filed 6-9-17; 8:45 am]
BILLING CODE 6560-50-P