Approval of California Air Plan Revisions; Butte County Air Quality Management District; Stationary Source Permits, 26222-26224 [2018-11575]
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26222
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. 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
Court of Appeals for the appropriate
circuit by August 6, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, approving Pennsylvania’s
certification that its SIP-approved
emissions statement regulation meets
the emissions statement requirement of
section 182(a)(3)(B) of the CAA for the
2008 ozone NAAQS, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 18, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 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 NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘Emission statement requirement
certification for the 2008 ozone national
ambient air quality standards (NAAQS)’’
at the end of the table to read as follows:
■
§ 52.2020
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
*
Identification of plan.
*
*
(e) * * *
*
*
(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of
non-regulatory
SIP revision
Applicable
geographic
area
*
*
Emission statement requirement certification
for the 2008 ozone national ambient air quality standards (NAAQS).
*
*
State submittal
date
*
*
*
Statewide ............
*
[FR Doc. 2018–12070 Filed 6–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0120; FRL–9978–18–
Region 9]
daltland on DSKBBV9HB2PROD with RULES
Approval of California Air Plan
Revisions; Butte County Air Quality
Management District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Butte County
Air Quality Management District
SUMMARY:
VerDate Sep<11>2014
16:02 Jun 05, 2018
EPA approval date
Jkt 244001
*
November 3,
2017
Additional explanation
*
6/6/2018, [insert Federal
Register citation].
*
Certification that Pennsylvania’s previously approved regulation at 25 Pa. Code 135.21,
‘‘Emissions Statements,’’ meets the emission
statement requirements for the 2008 ozone
NAAQS.
(BCAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns the District’s New
Source Review (NSR) permitting
program for new and modified sources
of air pollution. We are approving a
local rule under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on July
6, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0120. All
documents in the docket are listed on
the https://www.regulations.gov web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) 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.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
*
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: T.
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
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 23, 2018, the EPA proposed
an approval of Rule 432—Federal New
Source Review (FNSR), as noted in
Table 1, submitted by the California Air
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
Resources Board (CARB) for
incorporation into the BCAQMD portion
of the California SIP. 83 FR 12694. Table
1 also lists the dates the rule was
adopted by the BCAQMD and submitted
26223
by CARB, which is the governor’s
designee for California SIP submittals.
TABLE 1—SUBMITTED NSR RULE
Local agency
Rule No.
BCAQMD ........................................................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
The rule was amended to correct a
previously identified deficiency from
the limited disapproval of the rule on
December 22, 2016. 81 FR 93820. The
deficiency identified in the limited
disapproval was that ammonia was not
regulated as a PM2.5 precursor in the
rule. We are now approving Rule 432 as
amended by the District because it
satisfies all of the statutory and
regulatory requirements for a
nonattainment NSR permit program as
set forth in the applicable provisions of
part D of title I of the Act (sections 172,
173 and 182(a)) and in 40 CFR 51.165
and 40 CFR 51.307 and now satisfies 40
CFR 51.165(a)(13)’s requirements for
regulation of PM2.5 precursors as it
pertains to ammonia. Our proposed
action contains more information on the
rule and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received six comments.
However, none of the comments were
relevant to the proposed action. The
comments have been added to the
docket for this action and are accessible
at www.regulations.gov.
daltland on DSKBBV9HB2PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
BCAQMD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
VerDate Sep<11>2014
16:02 Jun 05, 2018
Jkt 244001
432
Rule title
Federal New Source Review (FNSR) ............
contact the person identified in the FOR
section of
this preamble for more information).
FURTHER INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
Under the CAA, the EPA
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 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 3, 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
PO 00000
Frm 00021
Amended
Fmt 4700
Sfmt 4700
3/23/17
Submitted
6/12/17
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 6, 2018. 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
E:\FR\FM\06JNR1.SGM
06JNR1
26224
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
enforce its requirements. (See CAA
section 307(b)(2).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
1. The authority citation for part 52
continues to read as follows:
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(457)(i)(C)(6) and
(c)(504) to read as follows:
■
Dated: May 8, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
§ 52.220
*
daltland on DSKBBV9HB2PROD with RULES
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
VerDate Sep<11>2014
16:02 Jun 05, 2018
Jkt 244001
Identification of plan-in part.
*
*
(c) * * *
(457) * * *
(i) * * *
(C) * * *
PO 00000
Frm 00022
*
Fmt 4700
*
(6) Previously approved on December
22, 2016, in paragraph (c)(457)(i)(C)(4)
of this section and now deleted with
replacement in paragraph
(c)(504)(i)(A)(1) of this section, Rule
432, ‘‘Federal New Source Review’’
amended on April 24, 2014.
*
*
*
*
*
(504) The following amended
regulations were submitted on June 12,
2017, by the Governor’s designee.
(i) Incorporation by reference.
(A) Butte County Air Quality
Management District.
(1) Rule 432, ‘‘Federal New Source
Review,’’ amended on March 23, 2017.
[FR Doc. 2018–11575 Filed 6–5–18; 8:45 am]
BILLING CODE 6560–50–P
Sfmt 9990
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Agencies
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26222-26224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11575]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0120; FRL-9978-18-Region 9]
Approval of California Air Plan Revisions; Butte County Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Butte County Air Quality Management
District (BCAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns the District's New Source Review (NSR)
permitting program for new and modified sources of air pollution. We
are approving a local rule under the Clean Air Act (CAA or the Act).
DATES: This rule will be effective on July 6, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0120. All documents in the docket are
listed on the https://www.regulations.gov web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) 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: T. Khoi Nguyen, EPA Region IX, (415)
947-4120, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``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 23, 2018, the EPA proposed an approval of Rule 432--
Federal New Source Review (FNSR), as noted in Table 1, submitted by the
California Air
[[Page 26223]]
Resources Board (CARB) for incorporation into the BCAQMD portion of the
California SIP. 83 FR 12694. Table 1 also lists the dates the rule was
adopted by the BCAQMD and submitted by CARB, which is the governor's
designee for California SIP submittals.
Table 1--Submitted NSR Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD................................ 432 Federal New Source 3/23/17 6/12/17
Review (FNSR).
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. The rule was amended to
correct a previously identified deficiency from the limited disapproval
of the rule on December 22, 2016. 81 FR 93820. The deficiency
identified in the limited disapproval was that ammonia was not
regulated as a PM2.5 precursor in the rule. We are now
approving Rule 432 as amended by the District because it satisfies all
of the statutory and regulatory requirements for a nonattainment NSR
permit program as set forth in the applicable provisions of part D of
title I of the Act (sections 172, 173 and 182(a)) and in 40 CFR 51.165
and 40 CFR 51.307 and now satisfies 40 CFR 51.165(a)(13)'s requirements
for regulation of PM2.5 precursors as it pertains to
ammonia. Our proposed action contains more information on the rule and
our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received six comments. However, none of the
comments were relevant to the proposed action. The comments have been
added to the docket for this action and are accessible at
www.regulations.gov.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
BCAQMD rules described in the amendments to 40 CFR part 52 set forth
below. 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).
V. Statutory and Executive Order Reviews
Under the CAA, the EPA 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 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 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 6, 2018. 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
[[Page 26224]]
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 8, 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)(457)(i)(C)(6) and
(c)(504) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(457) * * *
(i) * * *
(C) * * *
(6) Previously approved on December 22, 2016, in paragraph
(c)(457)(i)(C)(4) of this section and now deleted with replacement in
paragraph (c)(504)(i)(A)(1) of this section, Rule 432, ``Federal New
Source Review'' amended on April 24, 2014.
* * * * *
(504) The following amended regulations were submitted on June 12,
2017, by the Governor's designee.
(i) Incorporation by reference.
(A) Butte County Air Quality Management District.
(1) Rule 432, ``Federal New Source Review,'' amended on March 23,
2017.
[FR Doc. 2018-11575 Filed 6-5-18; 8:45 am]
BILLING CODE 6560-50-P