No. 218/Thursday, November 12, 2015/Rules and Regulations

(ii) Submitted on December 21, 2010

and adopted on July 13, 2010.

[FR Doe. 2015-28756 Filed 11-10-15; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0257; FRL-9934-89-

Region 9]

Approval of Air Plans; California;

Multiple Districts; Prevention of

Significant Deterioration

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is taking final action

under section 110 of the Clean Air Act

(CAA or Act) to approve a State

Implementation Plan (SIP) revision for

five California air districts. The State of

California (State) is required by the CAA

to adopt and implement a SIP-approved

Prevention of Significant Deterioration

(PSD) permit program. This SIP revision

incorporates PSD rules for five local

California air districts into the

California SIP to establish a PSD permit

program for pre-construction review of

certain new and modified major

stationary sources in attainment and

unclassifiable areas located within these

districts. The local air districts with PSD

rules that are the subject of this action

are the Feather River Air Quality

Management District (Feather River or

FRAQMD), Great Basin Unified Air

Pollution Control District (Great Basin

or GBUAPCD), Butte County Air Quality

Management District (Butte or

BCAQMD), Santa Barbara County Air

Pollution Control District (Santa Barbara

or SBAPCD), and San Luis Obispo

County Air Pollution Control District

(San Luis Obispo or SLOAPCD)-

collectively, the Districts.

DATES: This rule is effective on

December 14, 2015.

ADDRESSES: The EPA has established

docket number EPA-R09-OAR-2015-

0257 for this action. Generally,

documents in the docket for this action

are available electronically at

www.regulations.gov and in hard copy

at EPA Region IX, 75 Hawthorne Street,

San Francisco, California. Some docket

materials, however, may be publicly

available only at the hard copy location

(e.g., voluminous records, maps,

copyrighted material), and some may

not be publicly available in either

location (e.g., confidential business

information (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: Lisa

Beckham, EPA Region IX, (415) 972-

3811, beckham.lisa@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we", "us",

and "our" refer to the EPA.

Table of Contents

I. Background

II. The EPA's Evaluation of the SIP Revision

A. Summary of the EPA's Proposed Action

B. Public Comments and the EPA's

Responses

C. What action is the EPA finalizing?

111. The EPA's Final Action

IV. Incorporation by Reference

V. Statutory and Executive Order Reviews

I. Background

Section 110(a) of the CAA requires

states to adopt and submit regulations

for the implementation, maintenance

and enforcement of the primary and

secondary NAAQS. Specifically,

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),

and 110(a)(2)(J) of the Act require such

state plans to meet the applicable

requirements of section 165 relating to

a pre-construction permit program for

the prevention of significant

deterioration of air quality and visibility

protection. The rules reviewed for this

action are intended to implement a preconstruction PSD permit program as

required by section 165 of the CAA for

certain new and modified major

stationary sources located in attainment

and unclassifiable areas. Because the

State does not currently have a SIPapproved PSD program within the

Districts, the EPA is currently the PSD

permitting authority within these

Districts under a Federal

Implementation Plan (FIP). Approval of

the Districts' PSD rules into the SIP will

transfer PSD permitting authority from

the EPA to the Districts. The EPA will

then assume the role of overseeing the

Districts' PSD permitting programs, as

intended by the CAA.

For a more detailed discussion of the

District's rules, please refer to our

proposed approval. See 80 FR 44001

(July 24, 2015).

II. The EPA's Evaluation of the SIP

Revision

A. Summary of the EPA's Proposed

Action

On July 24, 2015 (80 FR 44001), the

EPA proposed approval of the Districts'

PSD rules into the California SIP. We

proposed to approve these rules because

we determined that they satisfied the

applicable CAA requirements. Our

proposed rule and related Technical

Support document (TSD) contain more

information about the basis for this

rulemaking and our evaluation of the

pertinent State SIP revision submittals.

B. Public Comments and the EPA's

Responses

EPA's proposed approval action for

this SIP revision provided a 30-day

public comment period. We did not

receive any comments on our proposed

action.

C. What action is the EPA finalizing?

The EPA is finalizing a SIP revision

for each District's portion of the

California SIP, consistent with our

proposed approval action. The SIP

revision will be codified in 40 CFR

52.220 by incorporating by reference the

rules listed in Table 1. On June 1, 2015,

the California Air Resources Board

(CARB) requested the withdrawal from

its earlier SIP submittals of the portion

of each District PSD rule that

incorporates by reference a particular

federal PSD rule provision-40 CFR

52.21(b)(49)(v). As such, our approval of

these local District rules does not

include the rules' incorporation by

reference of 40 CFR 52.21(b)(49)(v).

TABLE 1-SUBMITTED RULES

Local Rule No. Rule title Adopted Submitted

agency

10.10

221

1107

810

Prevention of Significant Deterioration ................................................................

Prevention of Significant Deterioration (PSD) Permit Requirements for New

Major Facilities or Major Modifications in Attainment or Unclassifiable Areas.

Prevention of Significant Deterioration (PSD) Permits ........................................

Federal Prevention of Significant Deterioration (PSD) ........................................

8/1/2011

9/5/2012

6/28/2012

6/20/2013

4/22/2013

2/6/2013

2/6/2013

2/10/2014

FRAQMD .......

GBUAPCD ....

BCAQMD ......

SBAPCD .......

69880 Federal Register/Vol. 80,
Federal Register/Vol. 80, No. 218/Thursday, November 12, 2015/Rules and Regulations 69881

TABLE 1-SUBMITTED RULES-Continued

Local Rule No. Rule title Adopted Submitted

agency

SLOAPCD ..... 220 Federal Prevention of Significant Deterioration ................................................... 1/22/2014 5/13/2014

In addition, letters from the Districts

to the EPA providing certain

clarifications regarding their PSD rules

and the requirements of 40 CFR 51.166

will be included as additional material

in 40 CFR 52.220. We are also revising

40 CFR 52.270 to reflect that upon the

effective date of this final rule, each

District will have a SIP-approved PSD

program and will no longer be subject

to the FIP for the PSD program. This SIP

revision provides a federally approved

and enforceable mechanism for each of

the Districts to issue pre-construction

PSD permits for certain new and

modified major stationary sources

subject to PSD review within the

relevant District.

As discussed in the EPA's proposal,

with the exception of San Luis Obispo,

the Districts requested approval to

exercise their authority to administer

the PSD program with respect to those

sources located in the relevant District

that have existing PSD permits issued

by the EPA, including authority to

conduct general administration of these

existing permits, authority to process

and issue any and all subsequent PSD

permit actions relating to such permits

(e.g., modifications, amendments, or

revisions of any nature), and authority

to enforce such permits. Pursuant to the

criteria in section 110(a)(2)(E)(i) of the

CAA, we have determined that the four

Districts have the authority, personnel,

and funding to implement the PSD

program within the relevant District for

existing EPA-issued permits and

therefore are transferring authority for

such permits to the four Districts

concurrent with the effective date of the

EPA's approval of the Districts' PSD

program into the SIP. The EPA intends

to provide a copy of each such permit

to the relevant District.

III. The EPA's Final Action

The EPA is approving five PSD rules

submitted by CARB to establish a PSD

permit program for pre-construction

review of certain new and modified

major stationary sources in attainment

or unclassifiable areas. We are

approving these rules as a revision to

the California SIP pursuant to section

110(k)(3) of the Act. Specifically, we are

approving the rules listed in Table 1,

except for the portion of each rule that

incorporates by reference 40 CFR

52.21(b)(49)(v), which was subsequently

withdrawn from CARB's request for SIP

approval, as explained in more detail in

our proposal. See 80 FR at 44003-04.

Our determination is based, in part, on

the clarifications provided by the

Districts related to the implementation

of the PSD program, including the

clarifications related to Significant

Impact Levels (SILs) and the Significant

Monitoring Concentrations (SMC) for

PM 2 .5, in letters dated November 13,

2014, November 25, 2014, December 16,

2014, December 18, 2014, April 8, 2015,

and April 15, 2015. See 80 FR at 44002-

03. We are including these clarification

letters as additional material in 40 CFR

52.220.

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 rules

listed in Table 1, with the exception of

certain provisions incorporated into

those rules as discussed in Section III.

The EPA has made, and will 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).

V. Statutory and Executive Order

Reviews

Under the CAA, 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 CAA. 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:

e 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 (Public Law 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 CAA; 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
69882 Federal Register/Vol. 80, No. 218/Thursday, November 12, 2015/Rules and Regulations

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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by January 11, 2016. 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 CAA

section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Greenhouse gases, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compounds.

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

Dated: September 9, 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

m 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 paragraphs (c)(428)(i)(E) and (F),

(c)(428)(ii), (c)(429)(i)(D), (c)(429)(ii),

(c)(441)(i)(F), (c)(441)(ii), (c)(442)(i)(H),

and (c)(442)(ii) to read as follows:

§52.220 Identification of plan. * * * * *

(c) * * *

(428) * * *

(i) * * *

(E) Great Basin Unified Air Pollution

Control District.

(1) Rule 221, "Prevention of

Significant Deterioration (PSD) Permit

Requirements for New Major Facilities

or Major Modifications in Attainment or

Unclassifiable Areas," except for the

incorporation by reference of 40 CFR

52.21(b)(49)(v) into sections C. and D3,

adopted on September 5, 2012.

(F) Butte County Air Quality

Management District.

(1) Rule 1107, "Prevention of

Significant Deterioration (PSD)

Permits," except for the incorporation

by reference of 40 CFR 52.21(b)(49)(v)

into sections 3 and 4.1, adopted on June

28, 2012.

(ii) Additional materials.

(A) Great Basin Unified Air Pollution

Control District.

(1) Letter dated November 13, 2014

from Theodore D. Schade, Great Basin

Unified Air Pollution Control District, to

Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding clarifications of

District Rule 221 and 40 CFR 51.166.

(2) Letter dated April 15, 2015, from

Phillip L. Kiddoo, Great Basin Unified

Air Pollution Control District, to

Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding additional

clarifications of District Rule 221 and 40

CFR 51.166.

(B) Butte County Air Quality

Management District.

(1) Letter dated November 13, 2014,

from W. James Wagoner, Butte County

Air Quality Management District, to

Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding clarifications of

District Rule 1107 and 40 CFR 51.166.

(2) Letter dated April 8, 2015, from W.

James Wagoner, Butte County Air

Quality Management District, to Gerardo

Rios, United States Environmental

Protection Agency Region 9, regarding

additional clarifications of District Rule

1107 and 40 CFR 51.166.

(429) * * *

(i) * * *

(D) Feather River Air Quality

Management District.

(1) Rule 10.10, "Prevention of

Significant Deterioration," except for

the incorporation by reference of 40 CFR

52.21(b)(49)(v) into sections B and F.l,

adopted on August 1, 2011.

(ii) Additional materials.

(A) Feather River Air Quality

Management District.

(1) Letter dated December 18, 2014

from Christopher D. Brown, Feather

River Air Quality Management District,

to Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding clarifications of

District Rule 10.10 and 40 CFR 51.166.

(441) * * *

(i) * * *

(F) San Luis Obispo County Air

Pollution Control District.

(1) Rule 220, "Federal Prevention of

Significant Deterioration," except for

the incorporation by reference of 40 CFR

52.21(b)(49)(v) into sections B and D.3.,

amended on January 22, 2014.

(ii) Additional materials.

(A) San Luis Obispo County Air

Pollution Control District.

(1) Letter dated December 16, 2014

from Larry R. Allen, San Luis Obispo

County Air Pollution Control District, to

Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding clarifications of

District Rule 220 and 40 CFR 51.166.

(442) * * *

(i) * * *

(H) Santa Barbara County Air

Pollution Control District.

(1) Rule 810, "Federal Prevention of

Significant Deterioration (PSD)," except

for the incorporation by reference of 40

CFR 52.21(b)(49)(v) into sections B and

D.3., amended on June 20, 2013.

(ii) Additional materials.

(A) Santa Barbara County Air

Pollution Control District.

(1) Letter dated November 25, 2014

from David Van Mullem, Santa Barbara

County Air Pollution Control District, to

Gerardo Rios, United States

Environmental Protection Agency

Region 9, regarding clarifications of

District Rule 810 and 40 CFR 51.166.

* 3. Section 52.270 is amended by

adding paragraphs (b)(ii) through (15)

to read as follows:

§52.270 Significant deterioration of air

quality.

• * * * *

(b)* * *

(11) The PSD program for the Great

Basin Unified Air Pollution Control

District (GBUAPCD), as incorporated by

reference in § 52.220(c)(428), is

approved under Part C, Subpart 1, of the

Clean Air Act. For PSD permits

previously issued by EPA pursuant to

§ 52.21 to sources located in the

GBUAPCD, this approval includes the

authority for the GBUAPCD to conduct

general administration of these existing

permits, authority to process and issue

any and all subsequent permit actions

relating to such permits, and authority

to enforce such permits.

(12) The PSD program for the Butte

County Air Quality Management District

(BCAQMD), as incorporated by

reference in § 52.220(c)(428), is

approved under Part C, Subpart 1, of the

Clean Air Act. For PSD permits

previously issued by EPA pursuant to

§ 52.21 to sources located in the

BCAQMD, this approval includes the