### 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 ofAir Plans; California; Multiple Districts; Prevention of SignificantDeterioration

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA)is taking final action under section 110 ofthe Clean AirAct (CAA or Act) to approve a State Implementation Plan (SIP) revision for five California airdistricts. The State of California (State) isrequired by the CAA
to adopt and implement a SIP-approved Prevention ofSignificant Deterioration (PSD)permit program. This SIP revision incorporates PSD rules for five local California air districts into the California SIP to establish a PSDpermit 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 ofthis action

are the Feather River Air Quality Management District (FeatherRiver or FRAQMD), GreatBasin Unified Air Pollution Control District (GreatBasin

orGBUAPCD), Butte County Air Quality Management District (Butte or BCAQMD), Santa Barbara County Air Pollution Control District (Santa Barbara

orSBAPCD), and San Luis Obispo County Air Pollution Control District (SanLuis Obispo or SLOAPCD)- collectively, the Districts.
DATES: This rule is effective on December 14, 2015.

ADDRESSES: The EPA has established docketnumber EPA-R09-OAR-2015- 0257 for this action. Generally, documents in the docket for this action

are available electronically at www.regulations.govand in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. Some docket materials, however, maybe 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 oftheEPA's Proposed Action B. Public Comments and theEPA's

Responses C. What action is the EPA finalizing? 111. The EPA's FinalAction IV. Incorporation by Reference V. Statutory and Executive Order Reviews

I. Background

Section 110(a) ofthe 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 andvisibility protection. The rules reviewed for this action are intended to implement apreconstruction PSD permit program as required by section 165 ofthe 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 EPAto the Districts. The EPA will then assume the role ofoverseeing the Districts' PSD permittingprograms, as intended by the CAA.

For a more detailed discussion ofthe District's rules, please refer to our proposed approval. See 80 FR 44001 (July 24, 2015).

II. The EPA's Evaluation ofthe SIP Revision

A. SummaryoftheEPA'sProposed Action

On July 24, 2015 (80 FR 44001), the EPA proposed approval ofthe Districts' PSD rules into the California SIP. We proposed to approve theserules because

we determined thatthey satisfied the applicable CAA requirements. Our proposed rule and related Technical Supportdocument (TSD) contain more information about the basis forthis rulemaking and our evaluation ofthe pertinent State SIP revision submittals.

B. PublicCommentsandtheEPA'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 ourproposed action.
C. Whatactionis theEPAfinalizing?

The EPAis finalizing a SIP revision for each District's portion ofthe 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 ofthe portion ofeach 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 of40 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 andthe requirements of40 CFR 51.166 will be included as additional material in 40 CFR 52.220. We are also revising 40 CFR 52.270 to reflect thatupon the effective date ofthis finalrule, each District will have a SIP-approved PSD program andwill no longer be subject
to the FIP for thePSD program. This SIP revision provides a federally approved andenforceable 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 ofSan Luis Obispo, the Districts requested approval to exercise their authority to administer the PSD program withrespect to those

sources located in the relevant District that have existing PSD permitsissued by theEPA, including authority to conduct general administration ofthese existing permits, authority to process andissue any and all subsequent PSD permit actions relating to such permits (e.g.,modifications, amendments, or revisions ofany nature), and authority to enforce such permits. Pursuant to the criteria in section 110(a)(2)(E)(i) ofthe CAA, we have determined that the four Districts have the authority,personnel, andfunding to implement the PSD program within the relevant District for existing EPA-issued permits and therefore are transferring authority for suchpermits to the four Districts
concurrent with the effective date ofthe EPA's approval ofthe Districts' PSD program into the SIP. The EPA intends
to provide a copy ofeach such permit
to the relevant District.

III. The EPA's Final Action

The EPAis approving five PSD rules submitted by CARB to establish a PSD permit program forpre-construction review ofcertain new and modified major stationary sources in attainment

orunclassifiable areas. We are approving these rules as a revision to the California SIP pursuant to section 110(k)(3) ofthe Act. Specifically, we are approving the rules listed inTable 1, except for theportion ofeach 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 isbased, in part, on the clarifications provided by the Districts related to the implementation ofthe PSD program, including the clarifications related to Significant Impact Levels (SILs) and the Significant Monitoring Concentrations (SMC) for PM2.5, 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, theEPA is finalizing regulatory text thatincludes incorporation by reference. In accordance with requirements of1CFR 51.5, the EPA isfinalizing the incorporation by reference ofthe rules listed in Table 1,with the exception of certain provisions incorporated into those rules as discussed in Section III. The EPAhas made, and will continue
to make, these documents generally available electronically through www.regulations.govand/or inhard copy at the appropriate EPA office (see the ADDRESSES section ofthis preamble for more information).

V. Statutoryand Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies withthe provisions ofthe 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 isto approve State choices, provided that theymeet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposedby State law. Forthat
reason, this action:

e Is not a significant regulatory action subject toreview 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 ofthePaperwork Reduction Act (44 U.S.C. 3501 etseq.);

* 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 etseq.);

* does not contain any unfunded mandate orsignificantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (PublicLaw 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 actionbased onhealth 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 (66FR 28355, May 22, 2001);

* is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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 isnot approved
to apply on any Indian reservation land

orin any other area where the EPA or
an Indian tribe has demonstrated that a tribe hasjurisdiction. In those areas of Indian country, therule 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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General oftheUnited States. The EPA will submita 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 ofthe United Statesprior to publication oftherule in the Federal Register. A major rule cannot take effect until 60 days after itispublished in the Federal Register.This action isnot a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis actionmust be filed in the United States Court ofAppeals for the appropriate circuitby January 11, 2016. Filing a petition for reconsideration by the Administrator ofthis final rule does not affectthe finality ofthis actionfor the purposes ofjudicial review nor does it extend thetime within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of suchrule or action. This actionmay not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFRPart52

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 etseq. Dated: September 9,2015. JaredBlumenfeld, RegionalAdministrator, RegionIX. Part 52, chapter I, title 40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

m1.The authority citationfor part52 continues to read as follows:

Authority: 42 U.S.C. 7401 etseq.
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 Identificationofplan.

* * * * *

(c) * * * (428) * * * 

### (i)* * * (E) Great Basin Unified Air Pollution Control District. (1)Rule 221, "Prevention of Significant Deterioration (PSD) Permit Requirements for NewMajor Facilities

orMajor Modifications in Attainment or Unclassifiable Areas," except for the incorporation by reference of40 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 of40 CFR 52.21(b)(49)(v) into sections 3and 4.1, adopted on June 28, 2012.

(ii)Additionalmaterials. (A) Great Basin UnifiedAir 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 ofDistrict 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 ofDistrict 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 of40 CFR 52.21(b)(49)(v) into sections B and F.l, adopted on August 1,2011. (ii)Additionalmaterials. (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 byreference of40 CFR 52.21(b)(49)(v) into sections B and D.3., amended onJanuary 22, 2014.

(ii)Additionalmaterials. (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 of40 CFR 52.21(b)(49)(v) into sections B and D.3., amended onJune 20, 2013.

(ii)Additionalmaterials. (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 isamended by adding paragraphs (b)(ii) through (15)
to read as follows:
§52.270 Significantdeterioration ofair quality.

• * * * *

(b)* * * (11) The PSD program for the Great Basin Unified Air Pollution Control District (GBUAPCD), asincorporated by reference in § 52.220(c)(428), is approved under Part C, Subpart 1,ofthe Clean Air Act. ForPSD permits previously issuedby EPA pursuant to §52.21 to sources located in the GBUAPCD, this approval includes the authority for the GBUAPCD to conduct general administration ofthese 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, ofthe Clean Air Act. ForPSD permits previously issuedby EPA pursuant to §52.21 to sources located in the BCAQMD, this approval includes the