Air Plan Approval; California; San Diego County Air Pollution Control District; Stationary Source Permits and Exemptions, 50007-50010 [2018-21470]

Download as PDF Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations spacecraft, or whether technical data is used. * * * * * * * * Coast Guard PART 123—LICENSES FOR THE EXPORT AND TEMPORARY IMPORT OF DEFENSE ARTICLES 33 CFR Part 117 ■ 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. * * * * * (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. * * * * * (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. * * * * * 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 daltland on DSKBBV9HB2PROD with RULES DEPARTMENT OF HOMELAND SECURITY VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 [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 http://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: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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: E:\FR\FM\04OCR1.SGM 04OCR1 50008 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 http://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 http:// 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 daltland on DSKBBV9HB2PROD with RULES * 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). VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations 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. daltland on DSKBBV9HB2PROD with RULES 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); VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 • 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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: ■ 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: ■ § 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. * * * * * E:\FR\FM\04OCR1.SGM 04OCR1 daltland on DSKBBV9HB2PROD with RULES 50010 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations (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. ■ 3. Section 52.248 is amended by adding paragraph (e) to read as follows: § 52.248 Identification of plan—conditional approval. * * * * * (e) The EPA is conditionally approving California State VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 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: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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: http://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.

-----------------------------------------------------------------------

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 http://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 http://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