[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34949-34951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15727]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0171; FRL-9980-01--Region 9]


Approval of California Plan Revisions; Northern Sonoma County Air 
Pollution Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Northern Sonoma County Air Pollution 
Control District (NSCAPCD or District) portion of the California State 
Implementation Plan (SIP). These revisions concern the District's 
prevention of significant deterioration (PSD) permitting program for 
new and modified sources of air pollution. We are approving local rules 
under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on August 23, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0171. 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: T. Khoi Nguyen, EPA Region IX, (415) 
947-4120, [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 April 4, 2018, the EPA proposed an approval of Rules 130--
Definitions, 220--New Source Review, and 230--Action on Applications, 
as noted in Table 1, submitted by the California Air Resources Board 
(CARB) for incorporation into the NSCAPCD portion of the California 
SIP. 81 FR 69390. Table 1 also lists the dates the rules were adopted 
by the NSCAPCD and submitted by CARB, which is the governor's designee 
for California SIP submittals.

                                            Table 1--Submitted Rules
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             Local agency                  Rule No.            Rule title             Amended        Submitted
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NSCAPCD...............................             130  Definitions.............        5/3/2017         6/12/17
NSCAPCD...............................             220  New Source Review.......        5/3/2017         6/12/17
NSCAPCD...............................             230  Action on Applications..        5/3/2017         6/12/17
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    Rules 130, 220, and 230 contain the requirements for review and 
permitting of individual stationary sources in the NSCAPCD. We proposed 
to approve these rules because we determined that they comply with the 
relevant CAA requirements. The changes the District made to the rules 
listed above resolve the limited disapproval issues identified in a 
previous action. 81 FR 69390 (October 6, 2016). The EPA listed four 
items that need addressing for the three rules with limited approval to 
become fully approved--listing lead as a pollutant and indicating a 
significant emission rate, requiring provisions for air quality 
modeling based on applicable models, databases, and other requirements 
as specified in Part 51 Appendix W, correcting a typographic error, and 
including specific language regarding source obligations. The revisions 
to the three submitted rules address these four deficiencies.
    We are now finalizing approval of Rules 130, 220, and 230 because 
we have determined these rules satisfy all of the statutory and 
regulatory requirements for an NSR permit program (including the PSD 
program) as set forth in the applicable provisions of part C of title I 
of the Act and in 40 CFR 51.165 and 40 CFR 51.307.
    Our proposed action contains more information on the rule and our 
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received six comments. Only one comment 
pertained to the action. This comment was submitted by the NSCAPCD 
expressing support for the EPA's proposed action. The NSCAPCD states 
that this action will help the District maintain its portion of the 
California SIP in good standing. The EPA thanks the NSCAPCD for its 
support of our proposed action.
    The comments have been added to the docket for this action and are 
accessible at www.regulations.gov.

[[Page 34950]]

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP.

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 
NSCAPCD 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 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 3, 
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, these rules do 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 these rules 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 24, 2018. Filing a petition for 
reconsideration by the Administrator of these final rules does not 
affect the finality of these rules 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 rules or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 12, 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)(480)(i)(A)(5) 
through (7) and (c)(504)(i)(B) to read as follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (480) * * *
    (i) * * *
    (A) * * *
    (5) Previously approved on October 6, 2016, in paragraph 
(c)(480)(i)(A)(1) of this section and now deleted with replacement in 
(c)(504)(i)(B)(1), Rule 130, ``Definitions'' adopted on November 14, 
2014.
    (6) Previously approved on October 6, 2016, in paragraph 
(c)(480)(i)(A)(3) of this section and now deleted with replacement in 
(c)(504)(i)(B)(2), Rule 220, ``New Source Review'' adopted on November 
14, 2014.
    (7) Previously approved on October 6, 2016, in paragraph 
(c)(480)(i)(A)(4) of this section and now deleted with replacement in 
(c)(504)(i)(B)(3), Rule 230, ``Action on Applications'' adopted on 
November 14, 2014.
* * * * *
    (504) * * *
    (i) * * *
    (B) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130, ``Definitions,'' amended on May 3, 2017.
    (2) Rule 220, ``New Source Review Standards (including PSD 
Evaluations),'' amended on May 3, 2017.

[[Page 34951]]

    (3) Rule 230, ``Action on Applications,'' amended on May 3, 2017.
* * * * *
[FR Doc. 2018-15727 Filed 7-23-18; 8:45 am]
 BILLING CODE 6560-50-P


