
[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Rules and Regulations]
[Pages 54382-54384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R09-OAR-2011-0955; FRL-9724-2]


Revisions of Five California Clean Air Act Title V Operating 
Permits Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Operating 
Permits (Title V) programs of the Monterey Bay Unified Air Pollution 
Control District (MBUAPCD), San Luis Obispo County Air Pollution 
Control District (SLOCAPCD), Santa Barbara County Air Pollution Control 
District (SBCAPCD), South Coast Air Quality Management District 
(SCAQMD), and Ventura County Air Pollution Control District (VCAPCD). 
We proposed these program revisions in the Federal Register on March 
21, 2012. These revisions require sources with the potential to emit 
(PTE) of greenhouse gases (GHGs) above the thresholds in EPA's 
Tailoring Rule, which have not been previously subject

[[Page 54383]]

to Title V for other reasons, to obtain a Title V permit. See 
``Prevention of Significant Deterioration and Title V Greenhouse Gas 
Tailoring Rule; Final Rule,'' (the Tailoring Rule) (75 FR 31514, June 
3, 2010).

DATES: Effective Date: This rule is effective on October 5, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0955 for 
this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. Some docket 
materials, however, may be publicly available only at the hard copy 
location (e.g., voluminous records, maps, copyrighted material), and 
some may not be publicly available in either location (e.g., CBI). To 
inspect the hard copy materials, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Roger Kohn, EPA Region IX, (415) 972-
3973, kohn.roger@epa.gov.

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On March 21, 2012 (77 FR 16509), EPA proposed to approve the 
following rules as part of the five districts' title V operating permit 
programs.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency               Rule No.                Rule title                 Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD............................          218  Title V: Federal Operating Permits..     11/17/10      11/7/11
SLOCAPCD...........................          216  Federal Part 70 Operating Permits...      3/23/11      8/19/11
SBCAPCD............................         1301  Part 70 Operating Permits--General        1/20/11      4/21/11
                                                   Information.
SCAQMD.............................         3000  General.............................      11/5/10      11/5/10
                                            3001  Applicability.......................
                                            3002  Requirements........................
                                            3003  Applications........................
                                            3005  Permit Revisions....................
                                            3006  Public Participation................
VCAPCD.............................           33  Part 70 Permits--General............      4/12/11      8/19/11
                                            33.1  Part 70 Permits--Definitions........
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments on our proposal.

III. EPA's Final Action

    We did not receive any comments that change our assessment that the 
submitted rules are consistent with Title V of the Clean Air Act and 40 
CFR part 70. Therefore EPA is approving these revisions to the five 
districts' title V operating permits programs.

IV. Statutory and Executive Order Reviews

    Today's 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).In addition, this action 
does not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), because the action is not approved to 
apply in Indian country located in the State, and EPA notes that it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon dioxide, Carbon dioxide equivalents, 
Greenhouse gases, Hydrofluorocarbons, Intergovernmental relations, 
Methane, Nitrous oxide, Perfluorocarbons, Reporting and recordkeeping 
requirements, Sulfur hexafluoride.

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

    Dated: August 16, 2012.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 70, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

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


0
2. Appendix A to Part 70 is amended by adding under ``California'' new

[[Page 54384]]

paragraphs (r)(5), (z)(5), (aa)(5), (dd)(5), and (gg)(5) to read as 
follows:

APPENDIX A TO PART 70--APPROVAL STATUS OF STATE AND LOCAL OPERATING 
PERMITS PROGRAMS

* * * * *

California

* * * * *
    (r) * * *
    (5) Revisions were submitted on November 7, 2011. Approval 
became effective on October 5, 2012.
* * * * *
    (z) * * *
    (5) Revisions were submitted on August 19, 2011. Approval became 
effective on October 5, 2012.
* * * * *
    (aa) * * *
    (5) Revisions were submitted on April 21, 2011. Approval became 
effective on October 5, 2012.
* * * * *
    (dd) * * *
    (5) Revisions were submitted on November 5, 2010. Approval 
became effective on October 5, 2012.
* * * * *
    (gg) * * *
    (5) Revisions were submitted on August 19, 2011. Approval became 
effective on October 5, 2012.
* * * * *
[FR Doc. 2012-21683 Filed 9-4-12; 8:45 am]
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