[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.

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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


