The Regional Administrator for EPA Region 9, Jared Blumenfeld, signed the following notice on April 25, 

2013, and EPA is submitting it for publication in the Federal Register (FR). We have taken steps to ensure the 

accuracy of this version, but it is not the official version. Please refer to the official version in a forthcoming 

FR publication, which will appear on the Government Printing Office’s FDSys website 

(https://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in

Docket No. EPA-R09-OAR-2013-0064.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0064; FRL-]

Revision of Air Quality Implementation Plan; California; 

Sacramento Metropolitan Air Quality Management District; 

Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and technical amendments.

SUMMARY: EPA is finalizing approval of two permitting rules 

submitted by California as a revision to the Sacramento 

Metropolitan Air Quality Management District (SMAQMD or 

District) portion of the California State Implementation Plan 

(SIP). These revisions were proposed in the Federal Register on 

February 14, 2013 and concern construction and modification of 

stationary sources of air pollution within Sacramento County. We 

are approving local rules that regulate these emission sources 

under the Clean Air Act as amended in 1990 (CAA). Final approval 

of these rules makes the rules federally enforceable and 

corrects program deficiencies identified in a previous EPA 

rulemaking (76 FR 43183, July 20, 2011). EPA is also making 

technical amendments to the Code of Federal Regulations (CFR) to 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2

reflect this previous rulemaking, which removed an obsolete 

provision from the California SIP. 

EFFECTIVE DATE: This rule is effective on [Insert date 30 days 

from the date of publication in the Federal Register].

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-

0064 for this action. Generally, documents in the docket for 

this action are available electronically at www.regulations.gov

or in hard copy at EPA Region IX, 75 Hawthorne Street, San 

Francisco, California. While all documents are listed at 

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: Laura Yannayon, EPA Region IX, 

(415) 972-3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA.

Table of Contents 

I. Proposed Action
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3

II. Public Comments and EPA Responses

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

On February 14, 2013 (78 FR 10589), EPA proposed to fully 

approve the following rules that were submitted for 

incorporation into the California SIP.

Table 1 - Submitted Rules

Local 

Agency

Rule 

#

Rule Title Amended / 

Adopted

Submitted

SMAQMD 214 Federal New Source 

Review

Amended

8/23/12

9/26/12

SMAQMD 217 Public Notice 

Requirements for Permits

Adopted

8/23/12

9/26/12

We proposed to approve these rules based on a conclusion 

that they satisfy the applicable CAA requirements. Our proposed 

rule and related Technical Support Document (TSD) contain more 

information on the basis for this rulemaking and on our 

evaluation of the submitted rules.

II. Public Comments and EPA Responses

EPA’s proposed action provided a 30-day public comment 

period. During this period, we received one comment from the 

SMAQMD. We summarize the comment and provide our response below.

Comment: The SMAQMD requested confirmation that EPA’s 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4

final rule to approve Rule 214 and Rule 217 into the SIP will 

remove the 1984 version of Rule 202 (“New Source Review”) from 

the California SIP. The District stated that, based on EPA’s 

statements in the TSD for a previous rulemaking action on SMAQMD 

permitting rules that were intended to replace Rule 202 in the 

SIP (76 FR 43183, July 20, 2011), the District had expected that 

Rule 202 would be removed from the SIP but that the necessary 

language to amend the California SIP in 40 CFR part 52 had not 

been included in EPA’s final rule. The SMAQMD stated that it 

supports EPA’s proposed approvals and requests only that the 

regulatory language to delete Rule 202 from the SIP be included 

in EPA’s final action on Rule 214 and Rule 217.

EPA Response: We agree with the District that SMAQMD Rule 

202 should have been removed from the California SIP as a result 

of the referenced July 20, 2011 final action on SMAQMD 

permitting rules that were intended to replace Rule 202.

Specifically, on July 20, 2011, EPA finalized a full approval of 

Rule 203 and limited approval/limited disapproval of Rule 214.

See 76 FR 43183 (July 20, 2011). EPA explained in the proposal 

for this rulemaking that “[t]hese two new rules will replace in 

its entirety, the existing SIP approved NSR/PSD programs 

contained in Rule 202.” 76 FR 28942 at 28943 (May 19, 2011); see 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

5

also U.S. EPA, Region IX, Technical Support Document for EPA’s 

Notice of Proposed Rulemaking for the California SIP, Sacramento 

Metropolitan Air Quality Management District, Rule 214 (Federal 

New Source Review), Rule 203 (Prevention of Significant 

Deterioration), May 6, 2011, at 1 (“Upon approval into the SIP, 

[Rules 214 and 203] will replace current SIP Rule 202 – New 

Source Review, which was approved into the SIP by EPA on June 

19, 1985 (50 FR 25417).” EPA received no comments on this 

proposed rule and finalized the rulemaking as proposed. See 76 

FR 43183 (July 20, 2011). In the final regulatory text codifying 

this final action, however, EPA incorporated Rule 214 and Rule 

203 into the SIP but neglected to remove Rule 202. See 76 FR at 

43185.

In response to SMAQMD’s comment, we are making a technical 

amendment to 40 CFR 52.220 to correct this error by removing 

Rule 202 from the SMAQMD portion of the California SIP. This 

technical amendment makes no change to the substance of our July 

20, 2011 final action or to today’s final action to fully 

approve Rule 214 and Rule 217 into the California SIP.

III. EPA Action

No comments were submitted that change our assessment that 

submitted Rule 214 and Rule 217 satisfy the applicable CAA 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

6

requirements. Therefore, under CAA section 110(k)(3) and for the 

reasons set forth in our February 14, 2013 proposed rule, we are 

fully approving Rule 214 and Rule 217. This action incorporates 

the submitted rules into the SMAQMD portion of the California 

SIP and makes them federally enforceable.

Simultaneously, we are making a technical amendment to 40 

CFR 52.220 to remove Rule 202 from the SIP, consistent with the 

District’s intent and EPA’s final rule at 76 FR 43183 (July 20, 

2011).

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 final action:

• is not a “significant regulatory action” subject to 

review by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993);
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

7

• 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 Clean Air Act; and

• does not provide EPA with the discretionary authority to 

address disproportionate human health or environmental effects 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8

with practical, appropriate, and legally permissible methods 

under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this final rule does not have tribal 

implications as specified by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is not approved to apply in 

Indian country located in the State, and EPA notes that it will 

not impose substantial direct costs on tribal governments or 

preempt tribal law.

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, 

Incorporation by reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate matter, Reporting and 

recordkeeping requirements, Volatile organic compounds.

_____April 25, 2013 ___/signed by/ _________

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX.
The Regional Administrator for EPA Region 9, Jared Blumenfeld, signed the following notice on April 25, 

2013, and EPA is submitting it for publication in the Federal Register (FR). We have taken steps to ensure the 

accuracy of this version, but it is not the official version. Please refer to the official version in a forthcoming 

FR publication, which will appear on the Government Printing Office’s FDSys website 

(https://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in

Docket No. EPA-R09-OAR-2013-0064.

Part 52, Chapter I, Title 40 of the Code of Federal 

Regulations is amended as follows:

PART 52 - [AMENDED]

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 revising paragraph (c)(159) and 

adding paragraph (c)(xxx) to read as follows:

§52.220 Identification of plan.

* * * * *

(c) * * *

* * * * *

(159) * * *

(i) * * *

(A) * * *

(B) Previously approved on February 6, 1985 and now deleted 

without replacement: Rule 202.

* * * * *

(xxx) New and amended regulations were submitted on September 
This document is a pre-publication version, signed by Regional Administrator, Jared Blumenfeld on 

4/25/2013. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10

26, 2012, by the Governor’s Designee.

(i) Incorporation by Reference.

(A) Sacramento Metropolitan Air Quality Management District.

(1) Rule 214, “Federal New Source Review,” as amended on August 

23, 2012.

(2) Rule 217, “Public Notice Requirements for Permits,” as 

adopted on August 23, 2012.

* * * * *