Air Plan Approval; California; San Diego County Air Pollution Control District; Stationary Source Permits and Exemptions, 50007-50010 [2018-21470]
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
spacecraft, or whether technical data is
used. * * *
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Coast Guard
PART 123—LICENSES FOR THE
EXPORT AND TEMPORARY IMPORT
OF DEFENSE ARTICLES
33 CFR Part 117
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3. The authority citation for part 123
continues to read as follows:
Drawbridge Operation Regulation;
Trent River, New Bern, NC
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22
U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920;
Sec. 1205(a), Pub. L. 107–228; Sec. 520, Pub.
L. 112–55; Section 1261, Pub. L. 112–239;
E.O. 13637, 78 FR 16129.
AGENCY:
4. Section 123.22 is amended by
revising paragraphs (b)(3)(i) and (c)(2) to
read as follows:
■
§ 123.22 Filing, retention, and return of
export licenses and filing of export
information.
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(b) * * *
(3) * * *
(i) Technical data license. Prior to the
permanent export of technical data
licensed using a Form DSP–5, the
applicant shall electronically provide
export information using the system for
direct electronic reporting to DDTC of
export information and self-validate the
original of the license. Exports of copies
of the licensed technical data should be
made in accordance with existing
exemptions in this subchapter. Should
an exemption not apply, the applicant
may request a new license.
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(c) * * *
(2) Licenses issued by DDTC but not
decremented by U.S. Customs and
Border Protection through its electronic
system(s) (e.g., oral or visual technical
data releases) must be maintained by the
applicant in accordance with § 122.5 of
this subchapter.
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Andrea Thompson,
Under Secretary for Arms Control and
International Security, U.S. Department of
State.
[FR Doc. 2018–21422 Filed 10–3–18; 8:45 am]
BILLING CODE 4710–25–P
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DEPARTMENT OF HOMELAND
SECURITY
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[Docket No. USCG–2018–0925]
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the U.S. 70
(Alfred C. Cunningham) Bridge across
the Trent River, mile 0.0, at New Bern,
NC. The deviation is necessary to
accommodate the free movement of
pedestrians and vehicles during the
2018 Mumfest celebration. This
deviation allows the bridge to remain in
the closed-to-navigation position.
DATES: This deviation is effective from
9:30 a.m. on October 13, 2018, to 6:30
p.m. on October 14, 2018.
ADDRESSES: The docket for this
deviation, [USCG–2018–0925], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Mickey
Sanders, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION: The Event
Director, Swiss Bear Inc., with approval
from the North Carolina Department of
Transportation, who owns and operates
the U.S. 70 (Alfred C. Cunningham)
Bridge, has requested a temporary
deviation from the current operating
regulations to accommodate the free
movement of pedestrians and vehicles
during the 2018 Mumfest. The bridge is
a double bascule bridge and has a
vertical clearance in the closed position
of 14 feet above mean high water.
The current operating schedule is set
out in 33 CFR 117.843(a). Under this
temporary deviation, the bridge will be
maintained in the closed-to-navigation
position and open every two hours, on
the hour, from 9:30 a.m. to 7:30 p.m. on
Saturday, October 13, 2018, and from
9:30 a.m. to 6:30 p.m. on Sunday,
October 14, 2018. From 7:30 p.m. on
Saturday, October 13, 2018, to 9:30 a.m.
on Sunday, October 14, 2018, the
drawbridge will open on signal.
SUMMARY:
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50007
The Alfred C. Cunningham Bridge is
used by a variety of vessels including
recreational vessels, tug and barge
traffic, fishing vessels, and small
commercial vessels. The Coast Guard
has carefully considered the nature and
volume of vessel traffic on the waterway
in publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels
unable to pass through the bridge in the
closed position. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 27, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–21620 Filed 10–3–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0233; FRL–9982–44–
Region 9]
Air Plan Approval; California; San
Diego County Air Pollution Control
District; Stationary Source Permits and
Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve and conditionally approve
revisions to the San Diego County Air
Pollution Control District (SDAPCD or
‘‘District’’) portion of the California
State Implementation Plan (SIP). These
revisions concern the District’s New
Source Review (NSR) permitting
program for new and modified sources
of air pollution under section
110(a)(2)(C) and part D of title I of the
Clean Air Act (CAA or the Act). This
action updates the SDAPCD’s applicable
SIP with current SDAPCD permitting
rules.
SUMMARY:
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
These rules will be effective on
November 5, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0233. 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
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
DATES:
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: YaTing Tsai, EPA Region IX, (415) 972–
3328, Tsai.Ya-Ting@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 June 25, 2018 (83 FR 29483) the
EPA proposed to approve and
conditionally approve the following
rules into the California SIP.
Rule
number
Rule title
11 .........
20 .........
20.1 ......
20.2* .....
20.3* .....
20.4* .....
20.6 ......
24 .........
Exemptions from Rule 10 Permit Requirements ..........................................................................
Standards for Granting Permits ....................................................................................................
New Source Review—General Provisions ....................................................................................
New Source Review—Non-Major Stationary Sources ..................................................................
New Source Review—Major Stationary Sources and PSD Stationary Sources ..........................
New Source Review—Portable Emission Units ............................................................................
Standards for Permit to Operate Air Quality Analysis ..................................................................
Temporary Permit to Operate .......................................................................................................
Adopted date
05/11/2016
06/10/1986
04/27/2016
04/27/2016
04/27/2016
04/27/2016
04/27/2016
06/29/2016
Submitted date
08/22/2016
11/21/1986
06/17/2016
06/17/2016
06/17/2016
06/17/2016
06/17/2016
08/22/2016
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* The following subsections of the Rules 20.2–20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.2 Subsections
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
We determined that these rules
generally comply with most applicable
CAA requirements, but that they do not
satisfy the requirements at 40 CFR
51.165(a)(6) and (7) and section
173(a)(4) of the Act. First, the submitted
rules do not contain recordkeeping and
reporting requirements for sources using
an actual-to-potential-actual test to
determine applicability of major source
requirements. Second, the rules do not
incorporate the requirement at section
173(a)(4) of the Act, which states that
nonattainment NSR permit programs
shall provide that permits to construct
and operate may not be issued if the
EPA Administrator has determined that
the applicable implementation plan for
the nonattainment area is not being
adequately implemented. These
deficiencies are the basis for the EPA’s
final conditional approval of the
District’s June 17, 2016 submittal. The
District and the California Air Resources
Board (CARB) have committed to adopt
and submit revisions to address the
identified deficiencies by July 31, 2019,
consistent with the requirements at
CAA section 110(k)(4) for conditional
approval. Based on our evaluation of the
submitted rules, the EPA proposed to
fully approve the SDAPCD’s August 22,
2016 and November 21, 1986 submittals
(consisting of Rules 11, 20, and 24), and
to conditionally approve the District’s
June 17, 2016 submittal (consisting of
Rules 20.1, 20.2, 20.3, 20.4, and 20.6).
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment.
This comment raised issues outside the
scope of this rulemaking, including
renewable energy spending in other
countries. This comment is not germane
to our evaluation of these SDAPCD NSR
Rules.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) and (k)(4) of the Act, the EPA
is approving and conditionally
approving these rules into the California
SIP as proposed. While we cannot grant
full approval of the June 17, 2016
submittal at this time, the SDAPCD and
CARB have satisfactorily committed to
address deficiencies listed in our
proposed action by providing the EPA
with a SIP submittal by July 31, 2019,
which will include specific rule
revisions that would adequately address
the deficiencies. If the State submits the
rule revisions that it has committed to
submit by this deadline and the EPA
approves the submission, then these
deficiencies will be cured. However, if
the State fails to submit these revisions
within the required timeframe, the
conditional approval will become a
disapproval, and the EPA will issue a
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finding of disapproval. The EPA is not
required to propose the finding of
disapproval. A finding of disapproval
would start an 18-month clock to apply
sanctions under CAA section 179(b) and
a two-year clock for a Federal
implementation plan under CAA
section 110(c)(1).
In this action, the EPA is also
correcting an error in the existing
regulatory text. On June 21, 2017 (82 FR
28240) we approved regulatory
materials from CARB’s submittal dated
August 22, 2016 into 40 CFR 52.220 at
paragraph (c)(488). We inadvertently
provided an incorrect date of April 21,
2016, for the CARB submittal in the
June 21, 2017 regulatory text. As this
action addresses additional materials
that were submitted on August 22, 2016,
we are taking action today to correct this
error under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedure Act, which
authorizes agencies, upon finding ‘‘good
cause,’’ to dispense with public
participation where public notice and
comment procedures are impracticable,
unnecessary, or contrary to the public
interest. Public notice and comment for
this correction is unnecessary because
this action merely corrects an
inadvertent error in the regulatory text
added by the June 21, 2017 rulemaking,
and is consistent with that action as
described in the preamble. The EPA can
identify no particular reason why the
public would be interested in having the
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opportunity to comment on the
correction prior to this action being
finalized, since this action does not
change the EPA’s analysis or overall
action as stated in the June 21, 2017
rulemaking. This correction will become
effective on the same date as the other
changes to the regulatory text, as set out
above.
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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 San
Diego Air Pollution Control District
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 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);
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• 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 3,
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
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50009
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Administrative practice and
procedure, Environmental protection,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: August 6, 2018.
Deborah Jordan,
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:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(6)(i)(E),
(c)(51)(vii)(E), (c)(64)(i)(B), (c)(171)(i)(E),
and (c)(241)(i)(A)(8), revising paragraph
(c)(488) introductory text, and adding
paragraphs (c)(488)(i)(A)(3) and (4) and
(c)(508) to read as follows:
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§ 52.220
Identification of plan—in part.
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(c) * * *
(6) * * *
(i) * * *
(E) Previously approved on September
22, 1972 and now deleted with
replacement in paragraph
(c)(171)(i)(E)(1) of this section, Rule 20.
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(51) * * *
(vii) * * *
(E) Previously approved on July 6,
1982 in paragraph (c)(51)(vii)(C) of this
section, and now deleted with
replacement in paragraph
(c)(488)(i)(A)(3) of this section, Rule 11.
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(64) * * *
(i) * * *
(B) Previously approved on April 14,
1981 in paragraph (c)(64)(i)(A) of this
section, and now deleted with
replacement in paragraph (c)(508)(i)(A)
of this section, Rules 20.1, 20.2, 20.3,
20.4, and 20.6.
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(171) * * *
(i) * * *
(E) San Diego County Air Pollution
Control District.
(1) Rule 20, ‘‘Standards for Granting
Permits,’’ revision adopted on June 10,
1986.
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(241) * * *
(i) * * *
(A) * * *
(8) Previously approved on October
24, 2007 in paragraph (c)(241)(i)(A)(6) of
this section, and now deleted with
replacement in paragraph
(c)(488)(i)(A)(4) of this section, Rule 24,
‘‘Temporary Permit to Operate,’’
adopted on March 20, 1996.
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(488) New and amended regulations
were submitted on August 22, 2016 by
the Governor’s designee.
(i) * * *
(A) * * *
(3) Rule 11, ‘‘Exemptions from Rule
10 Permit Requirements,’’ revision
adopted on May 11, 2016.
(4) Rule 24, ‘‘Temporary Permit to
Operate,’’ revision adopted on June 29,
2016.
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(508) New or amended regulations for
the following APCD was submitted on
June 17, 2016 by the Governor’s
designee.
(i) Incorporation by reference. (A) San
Diego County Air Pollution Control
District.
(1) Rule 20.1, ‘‘New Source Review—
General Provisions,’’ revision adopted
on April 27, 2016.
(2) Rule 20.2, ‘‘New Source Review—
Non-Major Stationary Sources’’ (except
subsections (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3)), revision
adopted on April 27, 2016.
(3) Rule 20.3, ‘‘New Source Review—
Major Stationary Sources and PSD
Stationary Sources’’ (except subsections
(d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3)), revision
adopted on April 27, 2016.
(4) Rule 20.4, ‘‘New Sources Review—
Portable Emission Units’’ (except
subsections (b)(2), (b)(3), (d)(1)(iii),
(d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3)
and (d)(5)), revision adopted on April
27, 2016.
(5) Rule 20.6, ‘‘Standards for Permit to
Operate Air Quality Analysis,’’ revision
adopted on April 27, 2016.
■ 3. Section 52.248 is amended by
adding paragraph (e) to read as follows:
§ 52.248 Identification of plan—conditional
approval.
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(e) The EPA is conditionally
approving California State
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Implementation Plan (SIP) revisions
submitted on June 17, 2016, updating
New Source Review permitting rules for
the San Diego Air Pollution Control
District (SDAPCD). The conditional
approval is based on a commitment
from the State to submit a SIP revision
that will correct identified deficiencies
in the following rules for the SDAPCD:
(1) Rule 20.1, ‘‘New Source Review—
General Provisions’’;
(2) Rule 20.2, ‘‘New Source Review—
Non-Major Stationary Sources’’ (except
subsections (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3));
(3) Rule 20.3, ‘‘New Source Review—
Major Stationary Sources and PSD
Stationary Sources’’ (except subsections
(d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3));
(4) Rule 20.4, ‘‘New Sources Review—
Portable Emission Units’’ (except
subsections (b)(2), (b)(3), (d)(1)(iii),
(d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3)
and (d)(5)); and
(5) Rule 20.6, ‘‘Standards for Permit to
Operate Air Quality Analysis.’’ If the
State fails to meet its commitment by
July 31, 2019, the conditional approval
is treated as a disapproval.
[FR Doc. 2018–21470 Filed 10–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[DC105–2053; FRL–9983–57–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the District of Columbia State
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
District of Columbia Department of
Energy and Environment (DoEE) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective October
4, 2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
SUMMARY:
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part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023 or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each State has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each State must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the State
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given State regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a State implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
a State revises as necessary to address
its unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federally-
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50007-50010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21470]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0233; FRL-9982-44-Region 9]
Air Plan Approval; California; San Diego County Air Pollution
Control District; Stationary Source Permits and Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve and conditionally approve revisions to the San Diego
County Air Pollution Control District (SDAPCD or ``District'') portion
of the California State Implementation Plan (SIP). These revisions
concern the District's New Source Review (NSR) permitting program for
new and modified sources of air pollution under section 110(a)(2)(C)
and part D of title I of the Clean Air Act (CAA or the Act). This
action updates the SDAPCD's applicable SIP with current SDAPCD
permitting rules.
[[Page 50008]]
DATES: These rules will be effective on November 5, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0233. 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 (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: Ya-Ting Tsai, EPA Region IX, (415)
972-3328, [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 June 25, 2018 (83 FR 29483) the EPA proposed to approve and
conditionally approve the following rules into the California SIP.
------------------------------------------------------------------------
Rule number Rule title Adopted date Submitted date
------------------------------------------------------------------------
11.......... Exemptions from Rule 05/11/2016 08/22/2016
10 Permit
Requirements.
20.......... Standards for Granting 06/10/1986 11/21/1986
Permits.
20.1........ New Source Review-- 04/27/2016 06/17/2016
General Provisions.
20.2*....... New Source Review--Non- 04/27/2016 06/17/2016
Major Stationary
Sources.
20.3*....... New Source Review-- 04/27/2016 06/17/2016
Major Stationary
Sources and PSD
Stationary Sources.
20.4*....... New Source Review-- 04/27/2016 06/17/2016
Portable Emission
Units.
20.6........ Standards for Permit 04/27/2016 06/17/2016
to Operate Air
Quality Analysis.
24.......... Temporary Permit to 06/29/2016 08/22/2016
Operate.
------------------------------------------------------------------------
* The following subsections of the Rules 20.2-20.4 were not submitted to
the EPA for inclusion in the San Diego SIP: Rule 20.2 Subsections
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3
Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3); and Rule 20.4 Subsections (b)(2), (b)(3), (d)(1)(iii),
(d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
We determined that these rules generally comply with most
applicable CAA requirements, but that they do not satisfy the
requirements at 40 CFR 51.165(a)(6) and (7) and section 173(a)(4) of
the Act. First, the submitted rules do not contain recordkeeping and
reporting requirements for sources using an actual-to-potential-actual
test to determine applicability of major source requirements. Second,
the rules do not incorporate the requirement at section 173(a)(4) of
the Act, which states that nonattainment NSR permit programs shall
provide that permits to construct and operate may not be issued if the
EPA Administrator has determined that the applicable implementation
plan for the nonattainment area is not being adequately implemented.
These deficiencies are the basis for the EPA's final conditional
approval of the District's June 17, 2016 submittal. The District and
the California Air Resources Board (CARB) have committed to adopt and
submit revisions to address the identified deficiencies by July 31,
2019, consistent with the requirements at CAA section 110(k)(4) for
conditional approval. Based on our evaluation of the submitted rules,
the EPA proposed to fully approve the SDAPCD's August 22, 2016 and
November 21, 1986 submittals (consisting of Rules 11, 20, and 24), and
to conditionally approve the District's June 17, 2016 submittal
(consisting of Rules 20.1, 20.2, 20.3, 20.4, and 20.6).
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment. This comment raised issues
outside the scope of this rulemaking, including renewable energy
spending in other countries. This comment is not germane to our
evaluation of these SDAPCD NSR Rules.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and (k)(4) of the Act, the EPA is approving and
conditionally approving these rules into the California SIP as
proposed. While we cannot grant full approval of the June 17, 2016
submittal at this time, the SDAPCD and CARB have satisfactorily
committed to address deficiencies listed in our proposed action by
providing the EPA with a SIP submittal by July 31, 2019, which will
include specific rule revisions that would adequately address the
deficiencies. If the State submits the rule revisions that it has
committed to submit by this deadline and the EPA approves the
submission, then these deficiencies will be cured. However, if the
State fails to submit these revisions within the required timeframe,
the conditional approval will become a disapproval, and the EPA will
issue a finding of disapproval. The EPA is not required to propose the
finding of disapproval. A finding of disapproval would start an 18-
month clock to apply sanctions under CAA section 179(b) and a two-year
clock for a Federal implementation plan under CAA section 110(c)(1).
In this action, the EPA is also correcting an error in the existing
regulatory text. On June 21, 2017 (82 FR 28240) we approved regulatory
materials from CARB's submittal dated August 22, 2016 into 40 CFR
52.220 at paragraph (c)(488). We inadvertently provided an incorrect
date of April 21, 2016, for the CARB submittal in the June 21, 2017
regulatory text. As this action addresses additional materials that
were submitted on August 22, 2016, we are taking action today to
correct this error under the ``good cause'' exemption in section
553(b)(3)(B) of the Administrative Procedure Act, which authorizes
agencies, upon finding ``good cause,'' to dispense with public
participation where public notice and comment procedures are
impracticable, unnecessary, or contrary to the public interest. Public
notice and comment for this correction is unnecessary because this
action merely corrects an inadvertent error in the regulatory text
added by the June 21, 2017 rulemaking, and is consistent with that
action as described in the preamble. The EPA can identify no particular
reason why the public would be interested in having the
[[Page 50009]]
opportunity to comment on the correction prior to this action being
finalized, since this action does not change the EPA's analysis or
overall action as stated in the June 21, 2017 rulemaking. This
correction will become effective on the same date as the other changes
to the regulatory text, as set out above.
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 San
Diego Air Pollution Control District 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 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).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 3, 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Dated: August 6, 2018.
Deborah Jordan,
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)(6)(i)(E),
(c)(51)(vii)(E), (c)(64)(i)(B), (c)(171)(i)(E), and (c)(241)(i)(A)(8),
revising paragraph (c)(488) introductory text, and adding paragraphs
(c)(488)(i)(A)(3) and (4) and (c)(508) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(6) * * *
(i) * * *
(E) Previously approved on September 22, 1972 and now deleted with
replacement in paragraph (c)(171)(i)(E)(1) of this section, Rule 20.
* * * * *
(51) * * *
(vii) * * *
(E) Previously approved on July 6, 1982 in paragraph
(c)(51)(vii)(C) of this section, and now deleted with replacement in
paragraph (c)(488)(i)(A)(3) of this section, Rule 11.
* * * * *
(64) * * *
(i) * * *
(B) Previously approved on April 14, 1981 in paragraph
(c)(64)(i)(A) of this section, and now deleted with replacement in
paragraph (c)(508)(i)(A) of this section, Rules 20.1, 20.2, 20.3, 20.4,
and 20.6.
* * * * *
[[Page 50010]]
(171) * * *
(i) * * *
(E) San Diego County Air Pollution Control District.
(1) Rule 20, ``Standards for Granting Permits,'' revision adopted
on June 10, 1986.
* * * * *
(241) * * *
(i) * * *
(A) * * *
(8) Previously approved on October 24, 2007 in paragraph
(c)(241)(i)(A)(6) of this section, and now deleted with replacement in
paragraph (c)(488)(i)(A)(4) of this section, Rule 24, ``Temporary
Permit to Operate,'' adopted on March 20, 1996.
* * * * *
(488) New and amended regulations were submitted on August 22, 2016
by the Governor's designee.
(i) * * *
(A) * * *
(3) Rule 11, ``Exemptions from Rule 10 Permit Requirements,''
revision adopted on May 11, 2016.
(4) Rule 24, ``Temporary Permit to Operate,'' revision adopted on
June 29, 2016.
* * * * *
(508) New or amended regulations for the following APCD was
submitted on June 17, 2016 by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 20.1, ``New Source Review--General Provisions,'' revision
adopted on April 27, 2016.
(2) Rule 20.2, ``New Source Review--Non-Major Stationary Sources''
(except subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)),
revision adopted on April 27, 2016.
(3) Rule 20.3, ``New Source Review--Major Stationary Sources and
PSD Stationary Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on April 27,
2016.
(4) Rule 20.4, ``New Sources Review--Portable Emission Units''
(except subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on April
27, 2016.
(5) Rule 20.6, ``Standards for Permit to Operate Air Quality
Analysis,'' revision adopted on April 27, 2016.
0
3. Section 52.248 is amended by adding paragraph (e) to read as
follows:
Sec. 52.248 Identification of plan--conditional approval.
* * * * *
(e) The EPA is conditionally approving California State
Implementation Plan (SIP) revisions submitted on June 17, 2016,
updating New Source Review permitting rules for the San Diego Air
Pollution Control District (SDAPCD). The conditional approval is based
on a commitment from the State to submit a SIP revision that will
correct identified deficiencies in the following rules for the SDAPCD:
(1) Rule 20.1, ``New Source Review--General Provisions'';
(2) Rule 20.2, ``New Source Review--Non-Major Stationary Sources''
(except subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3));
(3) Rule 20.3, ``New Source Review--Major Stationary Sources and
PSD Stationary Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3));
(4) Rule 20.4, ``New Sources Review--Portable Emission Units''
(except subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)); and
(5) Rule 20.6, ``Standards for Permit to Operate Air Quality
Analysis.'' If the State fails to meet its commitment by July 31, 2019,
the conditional approval is treated as a disapproval.
[FR Doc. 2018-21470 Filed 10-3-18; 8:45 am]
BILLING CODE 6560-50-P
