Revisions to California State Implementation Plan; Bay Area Air Quality Management District; Stationary Sources; New Source Review, 23372-23374 [2018-10691]

Download as PDF 23372 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations of this safety zone via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via Channel 16, VHF–FM or at (414) 7477182. Dated: May 3, 2018 Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2018–10822 Filed 5–18–18; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0080; FRL–9977– 24—Region 9] Revisions to California State Implementation Plan; Bay Area Air Quality Management District; Stationary Sources; New Source Review Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing action on revisions to the Bay Area Air Quality Management District (BAAQMD or District) portion of the California State Implementation Plan (SIP). These revisions concern permit program rules governing the issuance of permits for stationary sources, including review and permitting of major sources and major modifications under parts C and D of title I of the Clean Air Act (CAA), and the issuance and banking of Emission Reduction Credits. The revisions correct deficiencies in BAAQMD Regulation 2, Rules 1 and 2, and Regulation 2, Rule 4, previously identified by the EPA in final rules dated August 1, 2016, and December 4, 2017, respectively. Approval of this SIP revision terminates the sanctions clock and federal implementation plan (FIP) clock that were triggered by the EPA’s limited disapproval of a related SIP submission on August 1, 2016. DATES: This rule will be effective on June 20, 2018. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA–R09–OAR–2018–0080. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some SUMMARY: information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 972–3534, yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On March 1, 2018 (83 FR 8822), the EPA proposed to fully approve the following rules that were submitted for incorporation into the BAAQMD portion of the California SIP. TABLE 1—SUBMITTED RULES Regulation & Rule No. Rule title Regulation 2, Rule 1 (Rule 2–1) .................................. Regulation 2, Rule 2 (Rule 2–2) .................................. Regulation 2, Rule 4 (Rule 2–4) .................................. Permits, General Requirements ................................... Permits, New Source Review ....................................... Permits, Emissions Banking ......................................... sradovich on DSK3GMQ082PROD with RULES We proposed approval of these rules because we determined that the rules met the statutory requirements for SIP revisions as specified in sections 110(l) and 193 of the CAA, as well as the substantive statutory and regulatory requirements for a NSR permit program as contained in CAA section 110(a)(2)(C), and 40 CFR 51.160–51.166. II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period. During this period, we received 13 comments on the proposed rule. Twelve of these comments raised issues that are outside the scope of our proposed approval of the BAAQMD rules, including climate change science, air toxics regulation, rare earth mining, wind power costs and regulations, and pipeline and export terminal construction. Although some commenters made general statements about the sufficiency of current air quality in the United States and the cost VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 of additional regulation, these comments did not address the regulations at issue in the present rulemaking, nor did they indicate that the submitted rules do not meet the requirements of the Act. One commenter stated that ‘‘adopting best available retrofit control technology (BARCT) is absolutely imperative if the air quality crisis is to be mitigated.’’ BARCT is a state law requirement, not a requirement of the Clean Air Act. Therefore, consideration of BARCT is outside the scope of the present rulemaking. The BAAQMD submitted a comment stating that it ‘‘supports EPA’s proposed approval of the Air District’s New Source Review rule revisions,’’ but noting that it disagrees with the EPA’s characterization of portions of the District’s prior submission of earlier versions of Regulation 2, Rules 1 and 2 as ‘‘deficiencies.’’ The District’s previously submitted version of these PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Amended 12/6/2017 12/6/2017 12/6/2017 Submitted 12/14/17 12/14/17 12/14/17 rules is not presently before the EPA; therefore the comment is not germane to the present rulemaking. With respect to the rule that is presently before the Agency, the District states that it supports the proposed approval, and does not indicate that the submission does not meet all applicable requirements of the Act.1 1 In its comment, the District stated that it incorporates by reference certain prior comments submitted by the District regarding the EPA’s November 12, 2016 proposed action on the District’s submission of a previous version of Regulation 2, Rules 1 and 2. These comments relate to a previous version of the rule, and the District does not suggest that they address deficiencies with the present rule, or issues germane to the present action. Moreover, the referenced comments were not properly presented to the Agency for consideration. As stated in our proposed rule, and the EPA’s public comment guidance: ‘‘[t]he EPA will generally not consider comments or comment contents located outside of the primary submission.’’ 83 FR 8822. For these reasons, the EPA does not herein specifically respond to issues raised in the District’s previously submitted comment in a separate rulemaking docket. E:\FR\FM\21MYR1.SGM 21MYR1 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations During the comment period the EPA also received four comments on the interim final determination to defer sanctions (83 FR 8750) that accompanied the proposed rule. These comments raised issues that were not germane to the interim final determination. The EPA is required to approve a state SIP submission if the submittal meets all of the applicable requirements of the Act. 42 U.S.C. 7410(k)(3). None of the submitted comments indicate that the District’s submittal of Regulation 2, Rules 1, 2, and 4 does not meet the requirements of the Act. sradovich on DSK3GMQ082PROD with RULES III. EPA Action No comments were submitted that change our assessment that submitted Regulation 2, Rules 1, 2 and 4 satisfy the applicable CAA requirements. Therefore, under CAA sections 110(k)(3) and 301(a), and for the reasons set forth in our March 1, 2018 proposed rule, we are fully approving Regulation 2, Rules 1, 2 and 4. This action incorporates the submitted rules into the BAAQMD portion of the California SIP and makes them federally enforceable. In addition, because we are finalizing our proposed action, we are removing existing Regulation 2, Rules 1, 2 and 4 from the BAAQMD portion of the California SIP. Upon the effective date of today’s final approval, all sanctions clocks and FIP clocks that were triggered upon our final limited disapproval at 81 FR 50339 (August 1, 2016) of previous versions of Regulation 2, Rules 1 and 2, and deferred upon our interim final rule at 83 FR 8750 (March 1, 2018), are permanently terminated. In addition, by submitting an updated version of Regulation 2, Rule 4, addressing the deficiencies identified in our conditional approval at 82 FR 57133 (December 4, 2017), the District has met the commitment that served as the basis for our conditional approval. Therefore, upon the effective date of today’s final approval of Regulation 2, Rule 4, amended December 6, 2017, the EPA is removing from the SIP the conditional approval of Regulation 2, Rule 4, amended December 19, 2012. 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 of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 at the U.S. Environmental Protection Agency, Region IX (Air-3), 75 Hawthorne Street, San Francisco, CA, 94105–3901. V. 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. Under the Clean Air Act, 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 Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 23373 • 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). 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: April 18, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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 52.220 is amended by adding paragraphs (c)(429)(i)(E)(4) and (c)(502) to read as follows: ■ § 52.220 Identification of plan—in part. * * * * * (c) * * * (429) * * * (i) * * * (E) * * * (4) Previously approved on August 1, 2016 in paragraphs (c)(429)(i)(E)(1) and (2), and on December 4, 2017 in paragraph (c)(429)(i)(E)(3) of this section and now deleted with replacement in paragraph (c)(502)(i)(A)(1) of this section, Regulation 2, Rules 1, 2, and 4. * * * * * (502) Amended regulations for the following APCD were submitted on December 14, 2017 by the Governor’s Designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. E:\FR\FM\21MYR1.SGM 21MYR1 23374 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations (1) Regulation 2, ‘‘Permits,’’ Rule 1, ‘‘General Requirements,’’ adopted on December 6, 2017; Regulation 2, ‘‘Permits,’’ Rule 2, ‘‘New Source Review,’’ adopted on December 6, 2017; and Regulation 2, ‘‘Permits,’’ Rule 4, ‘‘Emissions Banking,’’ adopted on December 6, 2017. § 52.248 [Amended] 3. Section 52.248 is amended by removing and reserving paragraph (c). ■ [FR Doc. 2018–10691 Filed 5–18–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9978– 05–Region 2] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Fulton Terminals Superfund Site Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Fulton Terminals Superfund site (Site), located in the City of Fulton, Oswego County, New York, originally consisted of an ‘‘On-Property’’ area and an ‘‘Off-Property’’ area. The On-Property area was deleted from the National Priorities List (NPL) in 2015. The Off-Property area remained on the NPL because residual groundwater contamination was still present. Because the groundwater in the OffProperty area has achieved the cleanup levels, the U.S. Environmental Protection Agency (EPA) is issuing this Notice of Deletion (NOD) of the OffProperty area from the NPL and requests public comments on this action. DATES: This direct final deletion will be effective July 20, 2018 unless the EPA receives adverse comments by June 20, 2018. If adverse comments are received, the EPA will publish a timely withdrawal of this direct final NOD in the Federal Register, informing the public that the deletion will not take effect. SUMMARY: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1983–0002, by one of the following methods: • Website: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment sradovich on DSK3GMQ082PROD with RULES ADDRESSES: VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 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, 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. • Email: tsiamis.christos@epa.gov. • Mail: To the attention of Christos Tsiamis, Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007–1866. • Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007–1866 (telephone: 212– 637–4308). Such deliveries are only accepted during the Record Center’s normal hours of operation (Monday to Friday from 9:00 a.m. to 5:00 p.m.). Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1983– 0002. The EPA’s policy is that all comments received will be included in the Docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be CBI or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or via email. The https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comments. If you send comments to the EPA via email, your email address will be included as part of the comment that is placed in the Docket and made available on the website. If you submit electronic comments, the EPA recommends that you include your name and other contact information in the body of your comments and with PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 any disks or CD–ROMs that you submit. If the EPA cannot read your comments because of technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comments fully. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. All documents in the Docket are listed in the https://www.regulations.gov index. 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. Publiclyavailable Docket materials can be obtained either electronically at https:// www.regulations.gov or in hard copy at: U.S. Environmental Protection Agency, Region 2, Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007–1866, Phone: 212–637– 4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m., and Fulton Public Library, 160 South First Street, Fulton, NY 13069, Phone: 315– 592–5159, Hours: Tue–Thu: 9:00 a.m.–7:00 p.m., Fri: 9:00 a.m.–5:00 p.m., Sat: 10:00 a.m.–3:00 p.m. FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, 290 Broadway, 20th Floor, New York, NY 10007–1866, 212– 637–4257, or tsiamis.christos@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion V. Deletion Action I. Introduction The Site, located in the City of Fulton, Oswego County, New York, originally consisted of an ‘‘On-Property’’ area, an approximately 1.5-acre parcel of land bounded on the west by First Street, on the south by Shaw Street, on the east by New York State Route 481 and on the north by a warehouse, and an ‘‘OffProperty’’ area, defined by the area between the On-Property area’s western property boundary to the Oswego River (approximately 50 feet). The On-Property area was deleted from the NPL on April 6, 2015 (80 FR 5957). Because residual groundwater contamination (cis-1,2-dichloroethene [DCE] and vinyl chloride [VC]) was still present at the Off-Property area, the OffProperty area remained on the NPL, and E:\FR\FM\21MYR1.SGM 21MYR1

Agencies

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23372-23374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0080; FRL-9977-24--Region 9]


Revisions to California State Implementation Plan; Bay Area Air 
Quality Management District; Stationary Sources; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on revisions to the Bay Area Air Quality Management District (BAAQMD or 
District) portion of the California State Implementation Plan (SIP). 
These revisions concern permit program rules governing the issuance of 
permits for stationary sources, including review and permitting of 
major sources and major modifications under parts C and D of title I of 
the Clean Air Act (CAA), and the issuance and banking of Emission 
Reduction Credits. The revisions correct deficiencies in BAAQMD 
Regulation 2, Rules 1 and 2, and Regulation 2, Rule 4, previously 
identified by the EPA in final rules dated August 1, 2016, and December 
4, 2017, respectively. Approval of this SIP revision terminates the 
sanctions clock and federal implementation plan (FIP) clock that were 
triggered by the EPA's limited disapproval of a related SIP submission 
on August 1, 2016.

DATES: This rule will be effective on June 20, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2018-0080. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 
972-3534, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 1, 2018 (83 FR 8822), the EPA proposed to fully approve 
the following rules that were submitted for incorporation into the 
BAAQMD portion of the California SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Regulation & Rule No.                          Rule title                  Amended        Submitted
----------------------------------------------------------------------------------------------------------------
Regulation 2, Rule 1 (Rule 2-1)............  Permits, General Requirements......       12/6/2017        12/14/17
Regulation 2, Rule 2 (Rule 2-2)............  Permits, New Source Review.........       12/6/2017        12/14/17
Regulation 2, Rule 4 (Rule 2-4)............  Permits, Emissions Banking.........       12/6/2017        12/14/17
----------------------------------------------------------------------------------------------------------------

    We proposed approval of these rules because we determined that the 
rules met the statutory requirements for SIP revisions as specified in 
sections 110(l) and 193 of the CAA, as well as the substantive 
statutory and regulatory requirements for a NSR permit program as 
contained in CAA section 110(a)(2)(C), and 40 CFR 51.160-51.166.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received 13 comments on the proposed rule. 
Twelve of these comments raised issues that are outside the scope of 
our proposed approval of the BAAQMD rules, including climate change 
science, air toxics regulation, rare earth mining, wind power costs and 
regulations, and pipeline and export terminal construction. Although 
some commenters made general statements about the sufficiency of 
current air quality in the United States and the cost of additional 
regulation, these comments did not address the regulations at issue in 
the present rulemaking, nor did they indicate that the submitted rules 
do not meet the requirements of the Act. One commenter stated that 
``adopting best available retrofit control technology (BARCT) is 
absolutely imperative if the air quality crisis is to be mitigated.'' 
BARCT is a state law requirement, not a requirement of the Clean Air 
Act. Therefore, consideration of BARCT is outside the scope of the 
present rulemaking.
    The BAAQMD submitted a comment stating that it ``supports EPA's 
proposed approval of the Air District's New Source Review rule 
revisions,'' but noting that it disagrees with the EPA's 
characterization of portions of the District's prior submission of 
earlier versions of Regulation 2, Rules 1 and 2 as ``deficiencies.'' 
The District's previously submitted version of these rules is not 
presently before the EPA; therefore the comment is not germane to the 
present rulemaking. With respect to the rule that is presently before 
the Agency, the District states that it supports the proposed approval, 
and does not indicate that the submission does not meet all applicable 
requirements of the Act.\1\
---------------------------------------------------------------------------

    \1\ In its comment, the District stated that it incorporates by 
reference certain prior comments submitted by the District regarding 
the EPA's November 12, 2016 proposed action on the District's 
submission of a previous version of Regulation 2, Rules 1 and 2. 
These comments relate to a previous version of the rule, and the 
District does not suggest that they address deficiencies with the 
present rule, or issues germane to the present action. Moreover, the 
referenced comments were not properly presented to the Agency for 
consideration. As stated in our proposed rule, and the EPA's public 
comment guidance: ``[t]he EPA will generally not consider comments 
or comment contents located outside of the primary submission.'' 83 
FR 8822. For these reasons, the EPA does not herein specifically 
respond to issues raised in the District's previously submitted 
comment in a separate rulemaking docket.

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[[Page 23373]]

    During the comment period the EPA also received four comments on 
the interim final determination to defer sanctions (83 FR 8750) that 
accompanied the proposed rule. These comments raised issues that were 
not germane to the interim final determination.
    The EPA is required to approve a state SIP submission if the 
submittal meets all of the applicable requirements of the Act. 42 
U.S.C. 7410(k)(3). None of the submitted comments indicate that the 
District's submittal of Regulation 2, Rules 1, 2, and 4 does not meet 
the requirements of the Act.

III. EPA Action

    No comments were submitted that change our assessment that 
submitted Regulation 2, Rules 1, 2 and 4 satisfy the applicable CAA 
requirements. Therefore, under CAA sections 110(k)(3) and 301(a), and 
for the reasons set forth in our March 1, 2018 proposed rule, we are 
fully approving Regulation 2, Rules 1, 2 and 4. This action 
incorporates the submitted rules into the BAAQMD portion of the 
California SIP and makes them federally enforceable. In addition, 
because we are finalizing our proposed action, we are removing existing 
Regulation 2, Rules 1, 2 and 4 from the BAAQMD portion of the 
California SIP.
    Upon the effective date of today's final approval, all sanctions 
clocks and FIP clocks that were triggered upon our final limited 
disapproval at 81 FR 50339 (August 1, 2016) of previous versions of 
Regulation 2, Rules 1 and 2, and deferred upon our interim final rule 
at 83 FR 8750 (March 1, 2018), are permanently terminated. In addition, 
by submitting an updated version of Regulation 2, Rule 4, addressing 
the deficiencies identified in our conditional approval at 82 FR 57133 
(December 4, 2017), the District has met the commitment that served as 
the basis for our conditional approval. Therefore, upon the effective 
date of today's final approval of Regulation 2, Rule 4, amended 
December 6, 2017, the EPA is removing from the SIP the conditional 
approval of Regulation 2, Rule 4, amended December 19, 2012.

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 of this preamble. The EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the U.S. Environmental 
Protection Agency, Region IX (Air-3), 75 Hawthorne Street, San 
Francisco, CA, 94105-3901.

V. 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.
    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

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: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(429)(i)(E)(4) and 
(c)(502) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (429) * * *
    (i) * * *
    (E) * * *
    (4) Previously approved on August 1, 2016 in paragraphs 
(c)(429)(i)(E)(1) and (2), and on December 4, 2017 in paragraph 
(c)(429)(i)(E)(3) of this section and now deleted with replacement in 
paragraph (c)(502)(i)(A)(1) of this section, Regulation 2, Rules 1, 2, 
and 4.
* * * * *
    (502) Amended regulations for the following APCD were submitted on 
December 14, 2017 by the Governor's Designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.

[[Page 23374]]

    (1) Regulation 2, ``Permits,'' Rule 1, ``General Requirements,'' 
adopted on December 6, 2017; Regulation 2, ``Permits,'' Rule 2, ``New 
Source Review,'' adopted on December 6, 2017; and Regulation 2, 
``Permits,'' Rule 4, ``Emissions Banking,'' adopted on December 6, 
2017.


Sec.  52.248   [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph (c).

[FR Doc. 2018-10691 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P
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