Air Plan Approval; California; Santa Barbara County Air Pollution Control District; Stationary Source Permits and Exemptions, 56961-56964 [2019-22910]

Download as PDF Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the PCAPCD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through https:// www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews 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 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); VerDate Sep<11>2014 16:26 Oct 23, 2019 Jkt 250001 • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 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. Authority: 42 U.S.C. 7401 et seq. Dated: October 4, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2019–22917 Filed 10–23–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0432; FRL–10001– 28–Region 9] Air Plan Approval; California; Santa Barbara County Air Pollution Control District; Stationary Source Permits and Exemptions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Santa Barbara County Air Pollution Control District’s (SBAPCD or ‘‘the District’’) portion of the California State Implementation Plan (SIP). These revisions concern the District’s New Source Review (NSR) SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 56961 permitting program for new and modified sources of air pollution under the Clean Air Act (CAA). This action updates the SBAPCD’s applicable SIP with current permitting rules. We are taking comments on this proposal and plan to follow with a final action. Any comments must arrive by November 25, 2019. DATES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0432 at https:// www.regulations.gov, or via email to R9AirPermits@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75 Hawthorne Street (AIR 3–2), San Francisco, CA 94105, (415) 947–4304, chen.eugene@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Proposed Action and Public Comment III. Incorporation by Reference IV. Statutory and Executive Order Reviews E:\FR\FM\24OCP1.SGM 24OCP1 56962 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Proposed Rules I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal with the dates they were adopted by the SBAPCD and submitted by the California Air Resources Board (CARB). These rules represent portions of the SBAPCD’s current program for preconstruction review and permitting of new or modified stationary sources under its jurisdiction. The rule revisions that are the subject of this action are intended to satisfy the general preconstruction review requirements under section 110(a)(2)(C) of the Act (minor NSR) and the NSR program requirements contained in 40 CFR 51.160 through 164. The rules also include revisions to the SBAPCD’s current preconstruction review and permitting program. The SBAPCD is not required to implement a nonattainment NSR program because Santa Barbara County is classified as attainment or unclassifiable for all national ambient air quality standards (NAAQS). The SBAPCD implements a SIP-approved prevention of significant deterioration (PSD) permitting program that was approved into the SIP on November 12, 2015.1 The SBAPCD has not submitted any rule revisions in this action that affect the PSD program. Therefore, we are not evaluating whether this SIP submittal satisfies NSR program requirements at 40 CFR 51.165 (Nonattainment NSR) or 51.166 (PSD), as none of the rules or rule revisions in this submittal address these NSR program requirements. TABLE 1—SUBMITTED RULES Rule No. 102 105 202 204 205 809 Adopted/amended date Rule title ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... Definitions .......................................................................................... Applicability ....................................................................................... Exemptions to Rule 201 .................................................................... Applications ....................................................................................... Standards for Granting Permits ........................................................ Federal Minor New Source Review .................................................. These submitted rules must be determined to meet the completeness criteria in 40 CFR part 51 Appendix V before commencement of formal EPA review. The EPA deemed these rules to be complete by operation of law to meet the completeness criteria on October 18, 2016 (for Rules 102, 105, 202, 204, and 809) and on March 10, 1998 (for Rule 205). B. Are there other versions of these rules? The EPA last approved significant revisions or updates to the SBAPCD’s SIP-approved NSR program on February 8/25/2016 8/25/2016 8/25/2016 8/25/2016 4/17/1997 8/25/2016 Submitted date 10/18/2016 10/18/2016 10/18/2016 10/18/2016 3/10/1998 10/18/2016 9, 2016, and November 12, 2015. The existing SIP-approved NSR minor source program for new or modified stationary sources under the SBAPCD’s jurisdiction generally consists of the versions of the rules identified below in Table 2. TABLE 2—CURRENT SIP APPROVED RULES Rule No. khammond on DSKJM1Z7X2PROD with PROPOSALS 102 105 201 202 203 204 205 206 212 Rule title ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... Federal Register citation 4/11/2013 6/3/1999 2/9/2016 5/5/1982 2/9/2016 2/9/2016 5/5/1982 2/9/2016 5/26/2004 78 FR 21545 64 FR 29790 81 FR 6758 47 FR 19330 81 FR 6758 81 FR 6758 47 FR 19330 81 FR 6758 69 FR 29880 Definitions .......................................................................................... Applicability ....................................................................................... Permits Required .............................................................................. Exemptions to Rule 201 .................................................................... Transfer ............................................................................................. Applications ....................................................................................... Standards for Granting Applications ................................................. Conditional Approval of Authority to Construct or Permit to Operate Emission Statements ........................................................................ Collectively, these regulations establish the NSR requirements currently in place for minor stationary sources under the SBAPCD’s jurisdiction in California. If the EPA finalizes the action proposed herein, the submitted versions of the rules listed in Table 1 will replace their respective rule versions listed in Table 2. C. What is the purpose of the submitted rule revisions? As noted above and described in further detail below, the submitted rules are intended to satisfy the minor NSR 1 80 SIP approval date requirements of section 110(a)(2)(C), as well as to implement certain other updates to the NSR program, such as reorganization and renumbering of certain rule references, revisions to certain rule text to improve clarity, and other such revisions. Minor NSR requirements are generally applicable for SIPs in all areas, regardless of attainment status, and California is required to adopt and implement these requirements as part of a SIP-approved NSR permitting program. II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? The EPA has evaluated the submitted rules for compliance with applicable requirements of section 110(a)(2)(C) and associated regulations at 40 CFR 51.160–164. We have also reviewed the rules for consistency with other CAA general requirements for SIP submittals, including requirements at section 110(a)(2) regarding rule enforceability, and requirements at sections 110(l) and 193 for SIP revisions. Section 110(a)(2)(C) of the Act requires each SIP to include a program FR 69880. VerDate Sep<11>2014 16:26 Oct 23, 2019 Jkt 250001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\24OCP1.SGM 24OCP1 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS to regulate the modification and construction of any stationary source within the areas covered by the SIP as necessary to assure attainment and maintenance of the NAAQS. The EPA’s regulations at 40 CFR 51.160–51.164 provide general programmatic requirements to implement this statutory mandate. These requirements, commonly referred to as the ‘‘minor NSR’’ or ‘‘general NSR’’ program, apply generally to both major and non-major stationary sources and modifications and in both attainment and nonattainment areas. There are additional statutory and regulatory requirements specifically for PSD and nonattainment NSR permitting programs at 40 CFR 51.165–166 that apply to major sources in nonattainment and attainment areas, respectively. The submitted rules are not relevant to or affect PSD or nonattainment NSR program specific requirements. Section 110(a)(2)(A) of the Act requires that regulations submitted to the EPA for SIP approval must be clear and legally enforceable. Section 110(l) of the Act prohibits the EPA from approving any SIP revisions that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. Section 193 of the Act prohibits the modification of a SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s). With respect to procedures, CAA sections 110(a) and 110(l) require that a state conduct reasonable notice and hearing before adopting a SIP revision. B. Do the rules meet the evaluation criteria? The EPA finds that the submitted rules satisfy the applicable CAA and regulatory requirements. Accordingly, we are proposing to fully approve them under CAA section 110(k)(3). Below, we discuss generally our evaluation of the submitted rules. The technical support document (TSD) included in the docket for this proposed rulemaking contains a more detailed analysis of each submitted rule. We find that the submitted rules satisfy the minor NSR requirements. The rules clearly identify the kinds of projects subject to review under the District’s program, include legally enforceable procedures to ensure that construction will not violate the state’s control strategy or interfere with attainment or maintenance of the NAAQS, provide for public availability VerDate Sep<11>2014 16:26 Oct 23, 2019 Jkt 250001 of relevant information, and meet other requirements of the minor NSR regulations at 40 CFR 51.160–164. The submitted rules comply with the substantive and procedural requirements of CAA section 110(l). With respect to the procedural requirements, based on our review of the public process documentation included with the submitted rules, we find that the SBAPCD has provided sufficient evidence of public notice and opportunity for comment and public hearings prior to submittal of this SIP revision and has satisfied these procedural requirements under CAA section 110(l). With respect to the substantive requirements of CAA section 110(l), we have determined that our approval of the submitted rules would either strengthen the applicable SIP, or at a minimum make it no less stringent. As a whole, we have determined that our approval of this SIP submittal would not interfere with any applicable requirement concerning attainment and RFP or any other applicable requirement of the Act. CAA section 193 includes a savings clause, pertaining to nonattainment areas, that precludes modifications to certain control requirements unless equivalent or greater emission reductions are achieved. The provisions of section 193 do not apply to this SIP revision because Santa Barbara County is currently classified attainment or unclassifiable for all NAAQS. The submitted rules are otherwise consistent with criteria for the EPA’s approval of regulations submitted for inclusion in the SIP, including the requirement at CAA section 110(a)(2)(A) that submitted regulations be clear and legally enforceable. For the reasons stated above and explained further in our TSD, we find that the submitted NSR rules satisfy the applicable CAA and regulatory requirements for minor NSR programs under CAA section 110(a)(2)(C). C. Proposed Action and Public Comment As authorized in section 110(k)(3) of the Act, the EPA may approve a plan revision in whole or in part if it meets all applicable requirements. Based on our evaluation of the submitted rules, the EPA is proposing to fully approve the SBAPCD’s October 18, 2016 submittal (consisting of Rules 102, 105, 202, 204, and 809) and March 10, 1998 submittal (consisting of Rule 205). The intended effect of our proposed approval action is to update the applicable SIP with the SBAPCD rules described above. If we finalize this action as proposed, our action would be PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 56963 codified through revisions to 40 CFR 52.220 (Identification of plan—in part). We will accept comments from the public on this proposal until November 25, 2019. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SBAPCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews 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); • 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); E:\FR\FM\24OCP1.SGM 24OCP1 56964 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Proposed Rules • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 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. Authority: 42 U.S.C. 7401 et seq. Dated: October 8, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2019–22910 Filed 10–23–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 173 [Docket No. PHMSA–2018–0025 (HM–264)] RIN 2137–AF40 khammond on DSKJM1Z7X2PROD with PROPOSALS Hazardous Materials: Liquefied Natural Gas by Rail Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PHMSA, in coordination with the Federal Railroad Administration SUMMARY: VerDate Sep<11>2014 16:26 Oct 23, 2019 Jkt 250001 (FRA), is proposing changes to the Hazardous Materials Regulations to allow for the bulk transport of Methane, refrigerated liquid, commonly known as liquefied natural gas (LNG), in rail tank cars. This rulemaking proposes to authorize the transportation of Methane, refrigerated liquid by rail in the DOT– 113C120W specification rail tank car. DATES: Comments must be received by December 23, 2019. To the extent possible, PHMSA will consider latefiled comments. ADDRESSES: You may submit comments identified by the Docket Number PHMSA–2018–0025 (HM–264) via any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: To the Docket Management System; Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and Docket Number (PHMSA–2018–0025) or RIN (2137–AF40) for this rulemaking at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS) and will include any personal information you provide. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a selfaddressed stamped postcard. Docket: For access to the dockets to read background documents or comments received, go to http:// www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 CFR 105.30, you may ask PHMSA to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark each page of the original document submission containing CBI as ‘‘Confidential’’; (2) send PHMSA, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information you are submitting is CBI. Unless you are notified otherwise, PHMSA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this notice. Submissions containing CBI should be sent to Michael Ciccarone, Office of Hazardous Materials Safety, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590–0001. Any commentary that PHMSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without change, including any personal information the commenter provides, to http:// www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Michael Ciccarone, Standards and Rulemaking Division, (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, or Mark Maday, Federal Railroad Administration, (202) 366– 2535, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Overview II. Background A. Properties and Use of LNG B. Current Requirements for LNG C. Petition for Rulemaking (P–1697) D. Regulatory Review E. International Regulation III. Proposed Changes A. Tank Car Specification B. Operational Controls IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures E:\FR\FM\24OCP1.SGM 24OCP1

Agencies

[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Proposed Rules]
[Pages 56961-56964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0432; FRL-10001-28-Region 9]


Air Plan Approval; California; Santa Barbara County Air Pollution 
Control District; Stationary Source Permits and Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Santa Barbara County Air Pollution Control 
District's (SBAPCD or ``the 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 the Clean Air Act (CAA). This action updates the 
SBAPCD's applicable SIP with current permitting rules. We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by November 25, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0432 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75 
Hawthorne Street (AIR 3-2), San Francisco, CA 94105, (415) 947-4304, 
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

[[Page 56962]]

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
they were adopted by the SBAPCD and submitted by the California Air 
Resources Board (CARB). These rules represent portions of the SBAPCD's 
current program for preconstruction review and permitting of new or 
modified stationary sources under its jurisdiction. The rule revisions 
that are the subject of this action are intended to satisfy the general 
preconstruction review requirements under section 110(a)(2)(C) of the 
Act (minor NSR) and the NSR program requirements contained in 40 CFR 
51.160 through 164. The rules also include revisions to the SBAPCD's 
current preconstruction review and permitting program. The SBAPCD is 
not required to implement a nonattainment NSR program because Santa 
Barbara County is classified as attainment or unclassifiable for all 
national ambient air quality standards (NAAQS). The SBAPCD implements a 
SIP-approved prevention of significant deterioration (PSD) permitting 
program that was approved into the SIP on November 12, 2015.\1\ The 
SBAPCD has not submitted any rule revisions in this action that affect 
the PSD program. Therefore, we are not evaluating whether this SIP 
submittal satisfies NSR program requirements at 40 CFR 51.165 
(Nonattainment NSR) or 51.166 (PSD), as none of the rules or rule 
revisions in this submittal address these NSR program requirements.
---------------------------------------------------------------------------

    \1\ 80 FR 69880.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                             Adopted/amended
                  Rule No.                             Rule title                  date          Submitted date
----------------------------------------------------------------------------------------------------------------
102........................................  Definitions..................          8/25/2016         10/18/2016
105........................................  Applicability................          8/25/2016         10/18/2016
202........................................  Exemptions to Rule 201.......          8/25/2016         10/18/2016
204........................................  Applications.................          8/25/2016         10/18/2016
205........................................  Standards for Granting                 4/17/1997          3/10/1998
                                              Permits.
809........................................  Federal Minor New Source               8/25/2016         10/18/2016
                                              Review.
----------------------------------------------------------------------------------------------------------------

    These submitted rules must be determined to meet the completeness 
criteria in 40 CFR part 51 Appendix V before commencement of formal EPA 
review. The EPA deemed these rules to be complete by operation of law 
to meet the completeness criteria on October 18, 2016 (for Rules 102, 
105, 202, 204, and 809) and on March 10, 1998 (for Rule 205).

B. Are there other versions of these rules?

    The EPA last approved significant revisions or updates to the 
SBAPCD's SIP-approved NSR program on February 9, 2016, and November 12, 
2015. The existing SIP-approved NSR minor source program for new or 
modified stationary sources under the SBAPCD's jurisdiction generally 
consists of the versions of the rules identified below in Table 2.

                                       Table 2--Current SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                Federal Register
                  Rule No.                             Rule title           SIP approval date       citation
----------------------------------------------------------------------------------------------------------------
102........................................  Definitions..................          4/11/2013        78 FR 21545
105........................................  Applicability................           6/3/1999        64 FR 29790
201........................................  Permits Required.............           2/9/2016         81 FR 6758
202........................................  Exemptions to Rule 201.......           5/5/1982        47 FR 19330
203........................................  Transfer.....................           2/9/2016         81 FR 6758
204........................................  Applications.................           2/9/2016         81 FR 6758
205........................................  Standards for Granting                  5/5/1982        47 FR 19330
                                              Applications.
206........................................  Conditional Approval of                 2/9/2016         81 FR 6758
                                              Authority to Construct or
                                              Permit to Operate.
212........................................  Emission Statements..........          5/26/2004        69 FR 29880
----------------------------------------------------------------------------------------------------------------

    Collectively, these regulations establish the NSR requirements 
currently in place for minor stationary sources under the SBAPCD's 
jurisdiction in California. If the EPA finalizes the action proposed 
herein, the submitted versions of the rules listed in Table 1 will 
replace their respective rule versions listed in Table 2.

C. What is the purpose of the submitted rule revisions?

    As noted above and described in further detail below, the submitted 
rules are intended to satisfy the minor NSR requirements of section 
110(a)(2)(C), as well as to implement certain other updates to the NSR 
program, such as reorganization and renumbering of certain rule 
references, revisions to certain rule text to improve clarity, and 
other such revisions. Minor NSR requirements are generally applicable 
for SIPs in all areas, regardless of attainment status, and California 
is required to adopt and implement these requirements as part of a SIP-
approved NSR permitting program.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    The EPA has evaluated the submitted rules for compliance with 
applicable requirements of section 110(a)(2)(C) and associated 
regulations at 40 CFR 51.160-164. We have also reviewed the rules for 
consistency with other CAA general requirements for SIP submittals, 
including requirements at section 110(a)(2) regarding rule 
enforceability, and requirements at sections 110(l) and 193 for SIP 
revisions.
    Section 110(a)(2)(C) of the Act requires each SIP to include a 
program

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to regulate the modification and construction of any stationary source 
within the areas covered by the SIP as necessary to assure attainment 
and maintenance of the NAAQS. The EPA's regulations at 40 CFR 51.160-
51.164 provide general programmatic requirements to implement this 
statutory mandate. These requirements, commonly referred to as the 
``minor NSR'' or ``general NSR'' program, apply generally to both major 
and non-major stationary sources and modifications and in both 
attainment and nonattainment areas. There are additional statutory and 
regulatory requirements specifically for PSD and nonattainment NSR 
permitting programs at 40 CFR 51.165-166 that apply to major sources in 
nonattainment and attainment areas, respectively. The submitted rules 
are not relevant to or affect PSD or nonattainment NSR program specific 
requirements.
    Section 110(a)(2)(A) of the Act requires that regulations submitted 
to the EPA for SIP approval must be clear and legally enforceable. 
Section 110(l) of the Act prohibits the EPA from approving any SIP 
revisions that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. Section 193 of the Act 
prohibits the modification of a SIP-approved control requirement in 
effect before November 15, 1990, in a nonattainment area, unless the 
modification ensures equivalent or greater emission reductions of the 
relevant pollutant(s). With respect to procedures, CAA sections 110(a) 
and 110(l) require that a state conduct reasonable notice and hearing 
before adopting a SIP revision.

B. Do the rules meet the evaluation criteria?

    The EPA finds that the submitted rules satisfy the applicable CAA 
and regulatory requirements. Accordingly, we are proposing to fully 
approve them under CAA section 110(k)(3). Below, we discuss generally 
our evaluation of the submitted rules. The technical support document 
(TSD) included in the docket for this proposed rulemaking contains a 
more detailed analysis of each submitted rule.
    We find that the submitted rules satisfy the minor NSR 
requirements. The rules clearly identify the kinds of projects subject 
to review under the District's program, include legally enforceable 
procedures to ensure that construction will not violate the state's 
control strategy or interfere with attainment or maintenance of the 
NAAQS, provide for public availability of relevant information, and 
meet other requirements of the minor NSR regulations at 40 CFR 51.160-
164.
    The submitted rules comply with the substantive and procedural 
requirements of CAA section 110(l). With respect to the procedural 
requirements, based on our review of the public process documentation 
included with the submitted rules, we find that the SBAPCD has provided 
sufficient evidence of public notice and opportunity for comment and 
public hearings prior to submittal of this SIP revision and has 
satisfied these procedural requirements under CAA section 110(l). With 
respect to the substantive requirements of CAA section 110(l), we have 
determined that our approval of the submitted rules would either 
strengthen the applicable SIP, or at a minimum make it no less 
stringent. As a whole, we have determined that our approval of this SIP 
submittal would not interfere with any applicable requirement 
concerning attainment and RFP or any other applicable requirement of 
the Act.
    CAA section 193 includes a savings clause, pertaining to 
nonattainment areas, that precludes modifications to certain control 
requirements unless equivalent or greater emission reductions are 
achieved. The provisions of section 193 do not apply to this SIP 
revision because Santa Barbara County is currently classified 
attainment or unclassifiable for all NAAQS.
    The submitted rules are otherwise consistent with criteria for the 
EPA's approval of regulations submitted for inclusion in the SIP, 
including the requirement at CAA section 110(a)(2)(A) that submitted 
regulations be clear and legally enforceable. For the reasons stated 
above and explained further in our TSD, we find that the submitted NSR 
rules satisfy the applicable CAA and regulatory requirements for minor 
NSR programs under CAA section 110(a)(2)(C).

C. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA may approve 
a plan revision in whole or in part if it meets all applicable 
requirements. Based on our evaluation of the submitted rules, the EPA 
is proposing to fully approve the SBAPCD's October 18, 2016 submittal 
(consisting of Rules 102, 105, 202, 204, and 809) and March 10, 1998 
submittal (consisting of Rule 205).
    The intended effect of our proposed approval action is to update 
the applicable SIP with the SBAPCD rules described above. If we 
finalize this action as proposed, our action would be codified through 
revisions to 40 CFR 52.220 (Identification of plan--in part).
    We will accept comments from the public on this proposal until 
November 25, 2019.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the SBAPCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    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);
     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);

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     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    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.

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

    Dated: October 8, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-22910 Filed 10-23-19; 8:45 am]
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