Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 60047 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic or nonattainment area State submitted 

date/effective 

date 

EPA approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure 

Requirements for the 2008 

Lead National Ambient Air 

Quality Standards.

Georgia ............... 3/6/2012 10/5/15 With the exception of provisions pertaining to 

PSD permitting requirements in sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 

110(a)(2)(J) only. 

[FR Doc. 2015–24860 Filed 10–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0542; FRL–9933–52– 

Region 9] 

Revision of Air Quality Implementation 

Plan; California; Feather River Air 

Quality Management District; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Feather River Air Quality Management 

District (FRAQMD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns a 

permitting rule that regulates 

construction and modification of 

stationary sources of air pollution. 

These revisions correct deficiencies in 

FRAQMD Rule 10.1, New Source 

Review, previously identified by EPA in 

a final rule dated September 24, 2013. 

We are approving revisions that correct 

the identified deficiencies. 

DATES: This rule is effective on 

December 4, 2015 without further 

notice, unless EPA receives adverse 

comments by November 4, 2015. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2015–0542, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or email. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

email directly to EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: EPA has established a docket 

for this action under EPA–R09–OAR– 

2015–0542. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents are listed at http://

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., CBI). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Lornette Harvey, EPA Region IX, (415) 

972–3498, harvey.lornette@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule we are approving 

with the date it was adopted by the local 

air agency and submitted to EPA by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Amended Submitted 

FRAQMD .................................................. 10.1 New Source Review ........................... 10/06/14 11/06/14 

On December 18, 2014, EPA 

determined that the submittal for 

FRAQMD Rule 10.1 met the 

completeness criteria in 40 CFR part 51, 

appendix V, including evidence of 

public adoption of this regulation, 

which must be met before formal EPA 

review. 

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60048 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 

1 VOCs and NOX are subject to NNSR as ozone 

precursors. See 40 CFR 51.165(a)(1)(xxxvii)(C). 

B. Are there other versions of this rule? 

EPA approved a previous version of 

Rule 10.1, into the SIP on September 24, 

2013 (78 FR 58460). 

C. What is the purpose of the submitted 

rule revision? 

Section 110(a)(2) of the CAA requires 

that each SIP include, among other 

things, a preconstruction permit 

program to provide for regulation of the 

construction and modification of 

stationary sources within the areas 

covered by the plan as necessary to 

assure that the National Ambient Air 

Quality Standards (NAAQS) are 

achieved, including a permit program as 

required in parts C and D of title I of the 

CAA. For areas designated as 

nonattainment for one or more NAAQS, 

the SIP must include preconstruction 

permit requirements for new or 

modified major stationary sources of 

such nonattainment pollutant(s), 

commonly referred to as 

‘‘Nonattainment New Source Review’’ 

or ‘‘NNSR.’’ CAA 172(c)(5). 

The jurisdiction of the FRAQMD 

consists of two counties, Yuba and 

Sutter, and contains two nonattainment 

areas. See 40 CFR 81.305. The first 

nonattainment area is the ‘‘Sutter 

Buttes’’ area, which consists of the area 

located in the District which is above 

2000 feet of elevation. This area is 

designated nonattainment for the 2008 

ozone NAAQS. 

The second nonattainment area is the 

south ‘‘Sutter’’ area, which is part of the 

Sacramento Metro Nonattainment Area. 

This area is also designated 

nonattainment for the 2008 ozone 

NAAQS. 

Since the District adopted the latest 

revisions to Rule 10.1, the ‘‘Yuba CityMarysville’’ area, which consists of all 

of Sutter County and a portion of Yuba 

County, has been redesignated as 

attainment for the 2006 PM2.5 NAAQS. 

See 79 FR 72981 (December 9, 2014). 

Because of the nonattainment areas 

located in the FRAQMD, the District is 

required under part D of title I of the Act 

to adopt and implement a SIP-approved 

NNSR program for the nonattainment 

portions of Yuba and Sutter Counties 

that applies, at a minimum, to new or 

modified major stationary sources of the 

following pollutants: Volatile organic 

compounds (VOCs), and nitrogen oxides 

(NOX).1

Rule 10.1, New Source Review, 

implements the NNSR requirements 

under part D of title I of the CAA for 

new or modified major stationary 

sources of nonattainment pollutants. 

FRAQMD amended and submitted Rule 

10.1 to correct minor program 

deficiencies identified by EPA on 

September 24, 2013 (78 FR 58460). 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

EPA has reviewed the submitted 

permitting rule for compliance with the 

CAA’s general requirements for SIPs in 

CAA section 110(a)(2), EPA’s 

regulations for nonattainment stationary 

source permit programs in 40 CFR 

51.165, and the CAA requirements for 

SIP revisions in CAA section 110(l). 

B. Does the rule meet the evaluation 

criteria? 

Our September 24, 2013 action 

identified two deficiencies in Rule 10.1. 

First, Sections B.4 and B.5 contained 

language that was too broad because it 

exempted certain pollutants from all the 

requirements in Section E, if EPA 

redesignated the area from 

nonattainment to attainment, instead of 

only exempting those pollutants from 

the requirements for major sources. 

Second, the definition of ‘‘NSR 

Regulated Pollutant’’ did not specify 

that the term included gaseous 

emissions which condense to form 

either PM10 or PM2.5, respectively. 

The first deficiency was corrected by 

narrowing the language contained in 

Sections B.4 and B.5 to only exempt a 

source from the requirements of 

Sections E.1.b, E.2.a.2, E.5, E.7 and E.8, 

which apply to major sources emitting 

nonattainment pollutants, if EPA redesignates any of the nonattainment 

portions of the District to attainment for 

PM2.5 or ozone. 

The second deficiency was corrected 

by adding a second sentence to both 

Sections D.34 and D.35, which reads as 

follows: ‘‘Gaseous emissions which 

condense to form particulate matter at 

ambient temperatures shall be 

included.’’ Adding this sentence to each 

section clarifies that condensable gases 

emissions, which condense to form 

either PM10 or PM2.5, must be counted 

as PM10 or PM2.5, respectively. 

With respect to procedures, CAA 

sections 110(a) and 110(l) require that 

revisions to a SIP be adopted by the 

State after reasonable notice and public 

hearing. EPA has promulgated specific 

procedural requirements for SIP 

revisions in 40 CFR part 51, subpart F. 

These requirements include publication 

of notices, by prominent advertisement 

in the relevant geographic area, a public 

comment period of at least 30 days, and 

an opportunity for a public hearing. 

Based on our review of the public 

process documentation included in 

CARB’s November 6, 2014 submittal, we 

find that the State has provided 

sufficient evidence of public notice and 

opportunity for comment and public 

hearing prior to adoption and submittal 

of this rule to EPA. 

With respect to substantive 

requirements, EPA has reviewed the 

submitted rule in accordance with the 

CAA and regulatory requirements that 

apply to NNSR permit programs under 

part D of title I of the Act. Based on our 

evaluation of this rule, as summarized 

in the Public Comment and Final Action 

section of this notice, we find that the 

rule meets the CAA and regulatory 

requirements for NNSR permit programs 

in part D of title I of the Act and EPA’s 

NNSR implementing regulations in 40 

CFR 51.165 for new or modified major 

stationary sources proposing to locate 

within the District. Final approval of 

Rule 10.1 would correct all deficiencies 

in FRAQMD’s permit program identified 

in our September 24, 2013 final rule. 78 

FR 58460. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rule. If we receive adverse 

comments by November 4, 2015, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on December 4, 

2015. This will incorporate the rule into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 incorporating by 

reference the FRAQMD Rule 10.1, as 

discussed in section I.A of this 

preamble. The EPA has made, and will 

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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 60049 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. 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, 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); 

• 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 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 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. 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 4, 

2015. 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 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 21, 2015. 

Jared Blumenfeld, 

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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(457)(i)(A)(4) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(457) * * * 

(i) * * * 

(A) * * * 

(4) Rule 10.1, ‘‘New Source Review,’’ 

amended on October 6, 2014. 

* * * * * 

[FR Doc. 2015–25141 Filed 10–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2015–0279; FRL–9935–05– 

Region 9] 

Air Plan Approval; California; 

Mammoth Lakes; Redesignation; PM10

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, as a revision to the California 

State Implementation Plan (SIP), 

California’s request to redesignate the 

Mammoth Lakes nonattainment area to 

attainment for the 1987 National 

Ambient Air Quality Standard (NAAQS) 

for particulate matter of ten microns or 

less (PM10). Also, EPA is taking final 

action to approve the PM10 maintenance 

plan for the Mammoth Lakes area and 

the associated motor vehicle emissions 

budgets for use in transportation 

conformity determinations. Lastly, EPA 

is finalizing our approval of the 2012 

attainment year emissions inventory. 

We are taking these final actions 

because the SIP revision meets the 

requirements of the Clean Air Act and 

EPA guidance for maintenance plans 

and motor vehicle emissions budgets. 

DATES: This rule will be effective on 

November 4, 2015. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2015–0279 for 

this action. Generally, documents in the 

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