[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16555-16557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0432; FRL-10005-66-Region 9]


Air Plan Approval; California; Santa Barbara 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 revisions to the Santa Barbara

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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 section 
110(a)(2)(C) of the Clean Air Act (CAA). This action updates the 
SBAPCD's applicable SIP with current permitting rules.

DATES: These rules are effective on April 23, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0432. 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: 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. 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 October 24, 2019 (84 FR 56961), the EPA proposed to approve the 
following rules into the California SIP.

                        Table 1--Submitted Rules
------------------------------------------------------------------------
                                             Adopted/        Submitted
       Rule No.            Rule title      amended  date       date
------------------------------------------------------------------------
102...................  Definitions.....       8/25/2016      10/18/2016
105...................  Applicability...       8/25/2016      10/18/2016
202...................  Exemptions to          8/25/2016      10/18/2016
                         Rule 201.
204...................  Applications....       8/25/2016      10/18/2016
205...................  Standards for          4/17/1997       3/10/1998
                         Granting
                         Permits.
809...................  Federal Minor          8/25/2016      10/18/2016
                         Source New
                         Source Review.
------------------------------------------------------------------------

    Collectively, these submitted rules establish the NSR requirements 
for minor stationary sources under the SBAPCD's jurisdiction in 
California. We proposed to approve these rules because we determined 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the submitted rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
We received two comments during this public comment period. Both 
comments were supportive of the proposed action, and expressed support 
for further measures to protect air and water quality. The EPA 
acknowledges the comments and the support expressed by the commenters.

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) of the Act, the EPA is approving these rules into the 
California SIP as proposed.

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 Santa 
Barbara County 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

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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 May 26, 2020. 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

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

    Dated: January 24, 2020.
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)(51)(xiii)(H) and 
(I), (c)(186)(i)(E)(2), (c)(254)(i)(C)(8) and (9), (c)(423)(i)(E)(6), 
and (c)(533) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (51) * * *
    (xiii) * * *
    (H) Previously approved on May 5, 1982, in paragraph 
(c)(51)(xiii)(A) of this section and now deleted with replacement in 
paragraph (c)(533)(i)(A)(3) of this section, Rule 202, ``Exemptions to 
Rule 201,'' revision adopted on August 25, 2016.
    (I) Previously approved on May 5, 1982, in paragraph 
(c)(51)(xiii)(A) of this section and now deleted with replacement in 
paragraph (c)(254)(i)(C)(8) of this section, Rule 205, ``Standards for 
Granting Permits,'' revision adopted April 17, 1997.
* * * * *
    (186) * * *
    (i) * * *
    (E) * * *
    (2) Previously approved on June 3, 1999, in paragraph 
(c)(186)(i)(E)(1) of this section and now deleted with replacement in 
paragraph (c)(533)(i)(A)(2) of this section, Rule 105, 
``Applicability,'' revision adopted on August 25, 2016.
* * * * *
    (254) * * *
    (i) * * *
    (C) * * *
    (8) Rule 205, ``Standards for Granting Permits,'' revision adopted 
April 17, 1997.
    (9) Previously approved on February 9, 2016, in paragraph 
(c)(254)(i)(C)(7) of this section and now deleted with replacement in 
paragraph (c)(533)(i)(A)(4) of this section, Rule 204, 
``Applications,'' revision adopted on August 25, 2016
* * * * *
    (423) * * *
    (i) * * *
    (E) * * *
    (6) Previously approved on April 11, 2013, in paragraph 
(c)(423)(i)(E)(1) of this section and now deleted with replacement in 
paragraph (c)(533)(i)(A)(1) of this section, Rule 102, ``Definitions,'' 
revision adopted on August 25, 2016.
* * * * *
    (533) New or amended regulations for the following APCD was 
submitted on October 18, 2016 by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 102, ``Definitions,'' revision adopted on August 25, 2016.
    (2) Rule 105, ``Applicability,'' revision adopted on August 25, 
2016.
    (3) Rule 202, ``Exemptions to Rule 201,'' revision adopted on 
August 25, 2016.
    (4) Rule 204, ``Applications,'' revision adopted on August 25, 
2016.
    (5) Rule 809, ``Federal Minor Source New Source Review,'' revision 
adopted on August 25, 2016.
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2020-05196 Filed 3-23-20; 8:45 am]
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