69390 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS

State/local citation Title/Subject State/local 

effective date EPA Approval date Explanations 

Washington Department of Ecology Regulations 

*******

173–400–260 ............ Conflict of Interest ............................... 07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–23862 Filed 10–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0240; FRL–9950–74– 

Region 9] 

Approval and Limited Approval and 

Limited Disapproval of Air Quality 

Implementation Plans; California; 

Northern Sonoma County Air Pollution 

Control District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing action on five 

permitting rules submitted as a revision 

to the Northern Sonoma County Air 

Pollution Control District (NSCAPCD or 

District) portion of the applicable state 

implementation plan (SIP) for the State 

of California pursuant to requirements 

under the Clean Air Act (CAA or Act). 

We are finalizing a limited approval and 

limited disapproval of two rules; we are 

finalizing approval of the remaining 

three permitting rules; and we are 

deleting three rules. The amended rules 

govern the issuance of permits for 

stationary sources, including review and 

permitting of minor sources, major 

sources and major modifications under 

part C of title I of the Act. The limited 

disapproval actions trigger an obligation 

for EPA to promulgate a Federal 

Implementation Plan (FIP) for the 

specific New Source Review (NSR) 

program deficiencies unless California 

submits and we approve SIP revisions 

that correct the deficiencies within two 

years of the final action. 

DATES: This rule will be effective on 

November 7, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2016–0240. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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: 

Laura Yannayon, by phone: (415) 972– 

3534 or by email at yannayon.laura@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. EPA Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 19, 2016 (81 FR 31567), the 

EPA proposed a limited approval and 

limited disapproval (LA/LD) or a full 

approval (as noted in the table) of the 

following rules that were submitted for 

incorporation into the Northern Sonoma 

County portion of the California SIP. 

TABLE 1—SUBMITTED NSR RULES

Rule No. Rule title Amended Submitted Proposed action 

130 ............... Definitions ........................................................ 11/14/14 12/11/14 LA/LD. 

200 ............... Permit Requirements ....................................... 11/14/14 12/11/14 Full Approval. 

220 ............... New Source Review ........................................ 11/14/14 12/11/14 LA/LD. 

230 ............... Action on Applications ..................................... 11/14/14 12/11/14 Full Approval. 

240 ............... Permit to Operate ............................................ 2/22/84 10/16/85 Full Approval. 

We proposed a full approval of Rules 

200, 230 and 240 because we 

determined that these rules improve the 

SIP and are consistent with the relevant 

CAA requirements. We proposed a 

limited approval of Rules 130 and 220 

because we determined that these rules 

improve the SIP and are largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval of Rules 

130 and 220 because some rule 

provisions conflict with section 110 and 

part C of the Act. These provisions 

include the following: 

A. The definition of Significant in 

Rule 130 does not include lead as a 

pollutant or provide a significant 

emission rate. The rule also does not 

provide a public notice threshold for 

lead. 

B. Rule 220 does not contain any 

provisions specifying that required air 

quality modeling shall be based on the 

applicable models, databases, and other 

requirements specified in Part 51 

Appendix W; therefore, the 

requirements of 40 CFR 51.160(f) and 

51.166(l) have not been meet. 

C. The text in Rule 220, Subsection 

(b)(3) contains a significant 

typographical error (the word ‘‘not’’ is 

missing) concerning the requirements 

pertaining to stack height. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69391 

D. The requirements of 40 CFR 

51.166(r)(1) and (2), regarding sources 

obligations, have not been met because 

the rule does not include the specific 

language required by these provisions. 

We also proposed to remove existing 

Rules 10, 12 and 18 from the SIP, as the 

submitted rules replaced the content of 

these rules. Our proposed action 

contains more information on the basis 

for this rulemaking and on our 

evaluation of the submittal. 

II. EPA Action 

No comments were submitted. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, the EPA 

is finalizing a limited approval of Rules 

130 and 220 and a full approval of Rules 

200, 230 and 240. We are also deleting 

Rules 10, 12 and 18 from the Northern 

Sonoma County portion of the 

California SIP. This action incorporates 

the submitted rules into the Northern 

Sonoma County portion of the 

California SIP, including those 

provisions identified as deficient. As 

authorized under section 110(k)(3) and 

301(a), the EPA is simultaneously 

finalizing a limited disapproval of Rules 

130 and 220. 

As a result, the EPA must promulgate 

a federal implementation plan under 

section 110(c) unless we approve 

subsequent SIP revisions that correct the 

rule deficiencies within 24 months. 

In addition, because we are finalizing 

our proposed action, the California 

Infrastructure SIP deficiencies identified 

in our April 2016 (81 FR 18766) 

rulemaking with respect to Northern 

Sonoma County APCD for the 1997 and 

2006 PM2.5 NAAQS are remedied. 

Therefore we are updating the Northern 

Sonoma County portion of the 

California SIP accordingly. 

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 finalizing the 

incorporation by reference of the 

NSCAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and in 

hard copy at the U.S. Environmental 

Protection Agency, Region IX (Air-3), 75 

Hawthorne Street, San Francisco, CA 

94105–3901. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 5, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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 


sradovich on DSK3GMQ082PROD with RULES
69392 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 

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, 

Carbon monoxide, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides, 

Volatile organic compounds, Reporting 

and recordkeeping requirements. 

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

Dated: August 5, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

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 

adding paragraphs (c)(6)(xvi)(D), 

(c)(35)(xvi)(D), (c)(42)(xxi)(B), 

(c)(50)(v)(C), (c)(124)(ix)(D), 

(c)(156)(vi)(B), (c)(162)(i)(B), 

(c)(164)(i)(B)(4) and (5), (c)(165)(i)(A)(2), 

(c)(254)(i)(B)(2), (c)(385)(i)(B)(2), and 

(c)(480)(i)(A) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(6) * * * 

(xvi) * * * 

(D) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 10, 12 and 18. 

* * * * * 

(35) * * * 

(xvi) * * * 

(D) Previously approved on August 

16, 1978 in paragraph (c)(35)(xvi)(B) of 

this section and now deleted without 

replacement, Rule 130. 

* * * * * 

(42) * * * 

(xxi) * * * 

(B) Previously approved on December 

21, 1978 in paragraph (c)(42)(xxi)(A) of 

this section and now deleted with 

replacement in paragraph 

(c)(164)(i)(B)(4) of this section, Rule 

240(e). 

* * * * * 

(50) * * * 

(v) * * * 

(C) Previously approved on October 

31, 1980 in paragraph (c)(50)(v)(A) of 

this section and now deleted with 

replacement in paragraph 

(c)(164)(i)(B)(4) of this section, Rule 240. 

* * * * * 

(124) * * * 

(ix) * * * 

(D) Previously approved on July 31, 

1985 in paragraph (c)(124)(ix)(B) of this 

section and now deleted without 

replacement, Rule 130 (introductory 

text, b1, n1, p5, and s2), and now 

deleted with replacement in paragraphs 

(c)(481)(i)(A)(3) and (4) of this section, 

Rules 220(c) and 230. 

* * * * * 

(156) * * * 

(vi) * * * 

(B) Previously approved on July 31, 

1985 in paragraph (c)(156)(vi)(A) of this 

section and now deleted without 

replacement, Rule 130 (b2, m1, p3, p3a, 

and s7), and now deleted with 

replacement in paragraph 

(c)(481)(i)(A)(3) of this section, Chapter 

II, 220(B). 

* * * * * 

(162) * * * 

(i) * * * 

(B) Previously approved on July 31, 

1985 in paragraph (c)(162)(i)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(481)(i)(A)(3) of this section, Rule 

220(a). 

* * * * * 

(164) * * * 

(i) * * * 

(B) * * * 

(4) Rule 240, ‘‘Permit to Operate,’’ 

adopted on February 22, 1984. 

(5) Previously approved on April 17, 

1987 in paragraph (c)(164)(i)(B)(1) of 

this section and now deleted without 

replacement, Rule 130 (d1 and s5), and 

now deleted with replacement in 

paragraph (c)(481)(i)(A)(2) of this 

section, Rule 200(a). 

* * * * * 

(165) * * * 

(i) * * * 

(A) * * * 

(2) Previously approved on April 17, 

1987 in paragraph (c)(165)(i)(A)(1) of 

this section and now deleted without 

replacement, Rule 130 (s4). 

* * * * * 

(254) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on February 

9, 1999 in paragraph (c)(254)(i)(B)(1) of 

this section and now deleted without 

replacement, Rule 130. 

* * * * * 

(385) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on May 6, 

2011 in paragraph (c)(385)(i)(B)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(481)(i)(A)(1) of this section, Rule 

130, ‘‘Definitions,’’ amended December 

14, 2010. 

* * * * * 

(480) New and amended regulations 

for the following AQMD was submitted 

on December 11, 2014 by the Governor’s 

Designee. 

(i) Incorporation by Reference. 

(A) Northern Sonoma County Air 

Pollution Control District. 

(1) Rule 130, ‘‘Definitions,’’ adopted 

on November 14, 2014. 

(2) Rule 200, ‘‘Permit Requirements,’’ 

adopted on November 14, 2014. 

(3) Rule 220, ‘‘New Source Review,’’ 

adopted on November 14, 2014. 

(4) Rule 230, ‘‘Action on 

Applications,’’ adopted on November 

14, 2014. 

§ 52.223 [Amended] 

■ 3. Section 52.223 is amended by 

removing and reserving paragraphs 

(i)(4), (j)(3), (k)(3), (l)(4), (m)(3), (n)(3), 

and (o)(3). 

§ 52.233 [Amended] 

■ 4. Section 52.233 is amended by 

removing and reserving paragraph 

(d)(17). 

■ 5. Section 52.270 is amended by 

revising the first sentence in paragraph 

(b)(4) to read as follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(4) The PSD program for Northern 

Sonoma County Air Pollution Control 

District, as incorporated by reference in 

§ 52.220(c)(481) is approved under Part 

C, Subpart 1, of the Clean Air Act. 

* * * 

* * * * * 

§ 52.283 [Amended] 

■ 6. Section 52.283 is amended by 

removing and reserving paragraphs 

(c)(1)(iii), (d)(1)(iii), (e)(2)(iii), (f)(2)(iii), 

and (g)(1)(iii). 

[FR Doc. 2016–23851 Filed 10–5–16; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with RULES