
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27125-27127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12235]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0621; FRL-9962-57-Region 9]


Revisions to the California State Implementation Plan; Imperial 
County Air Pollution Control District; Stationary Sources Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing action 
on revisions to the Imperial County Air Pollution Control District 
(ICAPCD or District) portion of the California State Implementation 
Plan (SIP). We are finalizing full approval of two rules. Both rules 
update and revise the District's New Source Review (NSR) permitting 
program for new and modified sources of air pollution. We are also 
finalizing a technical correction to a previous action that will remove 
one rule from the SIP.

DATES: This rule will be effective on July 14, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2015-0621. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although it may be 
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: Thien Khoi Nguyen, EPA Region IX, 
(415) 947-4120, nguyen.thien@epa.gov.

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

Table of Contents

Definitions
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The word or initials CAA mean or refer to the Clean Air Act, 
unless the context indicates otherwise.
    (ii) The initials CARB mean or refer to the California Air 
Resources Board.
    (iii) The initials CFR mean or refer to Code of Federal 
Regulations.
    (iv) The initials or words EPA, we, us or our mean or refer to the 
United States Environmental Protection Agency.
    (v) The word or initials ICAPCD or District mean or refer to the 
Imperial County Air Pollution Control District, the agency with 
jurisdiction over stationary sources within Imperial County.
    (vi) The initials NSR mean or refer to New Source Review.
    (vii) The initials SIP mean or refer to State Implementation Plan.

I. Proposed Action

    On December 19, 2016, the EPA proposed a full approval of two rules 
and a limited approval and limited disapproval (LA/LD) of one rule (as 
noted in Table 1) submitted by CARB for incorporation into the ICAPCD 
portion of the California SIP. 81 FR 91895. Table 1 also lists the 
dates the rules were adopted by ICAPCD and submitted by CARB, which is 
the governor's designee for California SIP submittals.

                                          Table 1--Submitted NSR Rules
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                                                                Adopted/
              Rule #                      Rule title             revised        Submitted      Proposed action
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204..............................  Applications............         9/14/99        05/26/00  Full Approval.
206..............................  Processing of                   10/22/13        02/10/14  Full Approval.
                                    Applications.
207..............................  New and Modified                10/22/13         1/21/14  LA/LD.
                                    Stationary Source
                                    Review.
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[[Page 27126]]

    The EPA proposed to approve Rules 204 and 206 as part of ICAPCD's 
NSR permitting program because we determined that these rules meet the 
statutory requirements for SIP revisions as specified in sections 
110(l) and 193 of the CAA. Rules 204 and 206, together with Rule 207, 
satisfy the substantive statutory and regulatory requirements for a NSR 
permit program as contained in CAA section 110(a)(2)(c) and 40 CFR 
51.160-51.164. We also proposed a limited approval and limited 
disapproval of Rule 207. We do not intend to finalize that proposed 
action. Instead, we intend to take a new rulemaking action to 
conditionally approve Rule 207 into the Imperial County portion of the 
California SIP. We also proposed to remove Rule 103 (Exemptions) as a 
technical correction to a previous action approving Rule 202 
(Exemptions) into the ICAPCD portion of the California SIP, which 
superseded and replaced Rule 103. 76 FR 26615 (May 9, 2011).

II. EPA Action

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments. Therefore, as authorized 
by CAA section 110(k)(3) and 301(a), the EPA is finalizing approval of 
Rule 204 (Applications) and Rule 206 (Processing of Applications) into 
the ICAPCD portion of the California SIP. This action will incorporate 
the submitted rules into the SIP.
    In this action we are also finalizing a technical correction to our 
previous action approving Rule 202 into the ICAPCD portion of the 
California SIP.\1\ In that action, our approval of Rule 202 into the 
SIP superseded and replaced Rule 103, which EPA had previously approved 
on May 31, 1972 (37 FR 10832), but we failed to include the necessary 
regulatory text to effect this change. This final action includes the 
necessary regulatory text to remove Rule 103 from the California SIP. 
We did not seek public comment on this technical correction because 
public participation requirements were satisfied as part of our action 
approving Rule 202 into the SIP.
    In the proposed action, we also proposed a limited approval and 
limited disapproval of Rule 207 (New and Modified Stationary Source 
Review). We do not intend to finalize that proposed action. Instead, we 
intend to take a new rulemaking action to conditionally approve Rule 
207 into the Imperial County portion of the California SIP.
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    \1\ 76 FR 26615 (May 9, 2011).
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III. 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 
ICAPCD rules listed in Table 1 of this document. The EPA has made, and 
will continue to make, these rules generally available electronically 
through www.regulations.gov and in hard copy at the U.S. Environmental 
Protection Agency, Region IX (Air -3), 75 Hawthorne Street, San 
Francisco, CA 94105-3901.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

[[Page 27127]]

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 August 14, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, New source review, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: May 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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 (b)(14)(ii), 
(c)(279)(i)(A)(15) and (16), and (c)(442)(i)(A)(4) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (b) * * *
    (14) * * *
    (ii) Previously approved on May 31, 1972 in paragraph (b)(14) of 
this section and now deleted with replacement in paragraph 
(c)(351)(i)(A)(4) of this section, Rule 103.
* * * * *
    (c) * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (15) Rule 204, ``Applications,'' revised on September 14, 1999.
    (16) Previously approved on January 3, 2007 in paragraph 
(c)(279)(i)(A)(14) of this section and now deleted with replacement in 
paragraph (c)(442)(i)(A)(4) of this section, Rule 206.
* * * * *
    (442) * * *
    (i) * * *
    (A) * * *
    (4) Rule 206, ``Processing of Applications,'' revised on October 
22, 2013.
* * * * *
[FR Doc. 2017-12235 Filed 6-13-17; 8:45 am]
 BILLING CODE 6560-50-P


