[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.

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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 
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.

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

[[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.
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    \1\ 80 FR 69880.

                                            Table 1--Submitted Rules
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                                                                             Adopted/amended
                  Rule No.                             Rule title                  date          Submitted date
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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
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                                                                                                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
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    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

[[Page 56963]]

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);

[[Page 56964]]

     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


