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[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36803-36805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13491]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0300; FRL-9947-35-Region 9]

Completeness Findings for 110(a)(2)(C) State Implementation Plan 
Pertaining to the Fine Particulate Matter (PM2.5) NAAQS; California; El 
Dorado County Air Quality Management District and Yolo-Solano Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a finding 
that the State of California has made a complete New Source Review 
(NSR) State Implementation Plan (SIP) submission for the El Dorado 
County Air Quality Management District (EDCAQMD) to address the 
permitting of emissions of particulate matter 2.5 micrometers ([mu]m) 
in diameter and smaller (PM2.5) from major sources in areas 
designated nonattainment for the 2006 PM2.5 National Ambient 
Air Quality Standards (NAAQS), as required by the Clean Air Act (CAA). 
In addition, the EPA is making a finding that the State of California 
has not made the necessary NSR SIP submission for the Yolo-Solano Air 
Quality Management District (YSAQMD) to address the permitting of 
PM2.5 emissions from major sources in areas designated 
nonattainment for the 2006 PM2.5 NAAQS, as required by the 
EPA no later than December 31, 2014. The EPA is making these findings 
in accordance with section 110 and part D of Title I of the CAA.

DATES: The effective date of this rule is July 8, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Air Division (Air-3), 
Environmental Protection Agency, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105; telephone (415) 972-3534; email 
yannayon.laura@epa.gov.

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures 
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause 
finds that notice and public procedure are impracticable, unnecessary, 
or contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. The EPA has 
determined that there is good cause for making this rule final without 
prior proposal and opportunity for comment because no significant EPA 
judgment is involved in making a finding of failure to submit SIPs, or 
elements of SIPs, required by the CAA, where states have made no 
submissions to meet the requirement by the statutory date. No 
additional fact gathering is necessary. Thus, notice and public 
procedure are unnecessary. The EPA finds this constitutes good cause 
under 5 U.S.C. 553(b)(B).
    Throughout this document wherever ``we,'' ``us,'' or ``our'' is 
used, we mean the EPA.

Table of Contents

I. Background and Overview
    A. Relevant PM2.5 NAAQS
    B. Revisions to the NSR Program To Implement the 2006 
PM2.5 NAAQS
II. This Action
    A. Completeness Determination
    B. Finding of Failure To Submit
III. Statutory and Executive Order Reviews

I. Background and Overview

A. Relevant PM2.5 NAAQS

    On October 17, 2006, the EPA promulgated revisions to the NAAQS for 
PM2.5 with an effective date of December 18, 2006 (71 FR 
61144). With these revisions, the EPA lowered the 24-hour NAAQS for 
PM2.5 from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and retained the 
existing annual PM2.5 NAAQS of 15 [mu]g/m\3\. The EPA 
promulgated designations for the 2006 PM2.5 NAAQS that 
became effective on December 14, 2009, which designated certain areas 
within the jurisdiction of EDCAQMD and YSAQMD as nonattainment for the 
2006 PM2.5 NAAQS (74 FR 58688, Nov. 13, 2009).

B. Revisions to the NSR Program To Implement the 2006 PM2.5 NAAQS

    To implement the PM2.5 NAAQS for NSR purposes, the EPA 
issued a final rule that established the NSR permitting requirements 
for PM2.5, entitled Implementation of the New Source Review 
(NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5), 
on May 16, 2008 (73 FR 28321). Among other things, the final rule

[[Page 36804]]

amended the NSR regulations to establish the minimum elements for state 
and local agencies implementing a nonattainment NSR program for major 
sources for the PM2.5 NAAQS. The final rule required states 
to submit SIP revisions to address these requirements to the EPA by 
July 15, 2011.
    In 2013, certain provisions of EPA's May 16, 2008 final rule were 
affected by a judicial decision, Natural Resources Defense Council 
(NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013), in which the U.S. Court 
of Appeals for the D.C. Circuit determined that the EPA must regulate 
PM2.5 in nonattainment areas under the particulate-matter-
specific provisions of subpart 4 of part D of Title I of the CAA. As a 
partial response to this judicial decision, the EPA finalized a 
rulemaking on June 2, 2014 which, among other things, set a new date of 
December 31, 2014 for states to submit SIP revisions to address 
applicable nonattainment SIP requirements for PM2.5, 
pursuant to subpart 4 of part D of Title I of the CAA. 79 FR 31566. 
Accordingly, states are required to have submitted all elements of a 
nonattainment NSR SIP for the 2006 PM2.5 NAAQS to the EPA by 
no later than December 31, 2014.

II. This Action

A. Completeness Determination

    The EPA is making a finding that the State of California submitted 
an NSR SIP revision for EDCAQMD to address NSR requirements for major 
sources in nonattainment areas for purposes of the 2006 
PM2.5 NAAQS on March 21, 2016, which the EPA determined met 
the completeness criteria in 40 CFR part 51, appendix V, on March 30, 
2016. This completeness finding establishes a 12-month deadline for EPA 
to take action upon such SIP submission in accordance with section 
110(k).

B. Finding of Failure To Submit

    The EPA is making a finding that, as of the date of signature for 
this document, the State of California has failed to submit the 
required NSR program SIP revision for YSAQMD to address NSR 
requirements for major sources in nonattainment areas for purposes of 
the 2006 PM2.5 NAAQS as required by December 31, 2014. This 
action will be effective on July 8, 2016.
    If the EPA finds that a state has failed to make a required SIP 
submission or that a submitted SIP submission is incomplete for 
elements of a part D, Title I plan for nonattainment areas as required 
under section 110(a)(2)(I), then CAA section 179(a) establishes 
specific consequences, including the imposition of mandatory sanctions 
for the affected area. Additionally, such a finding triggers an 
obligation under CAA section 110(c) for the EPA to promulgate a Federal 
Implementation Plan (FIP) no later than 2 years from the effective date 
of such finding of failure to submit, if the affected state has not 
submitted, and the EPA has not approved, the required SIP submission 
before that date.
    In this case, if the EPA has not affirmatively determined that the 
State of California has made the required complete NSR program SIP 
submission for YSAQMD to address NSR requirements for major sources in 
nonattainment areas for purposes of the 2006 PM2.5 NAAQS 
within 18 months of the effective date of this rulemaking, then, 
pursuant to CAA section 179(a) and (b) and 40 CFR 52.31, the offset 
sanction identified in CAA section 179(b)(2) will apply in the affected 
nonattainment areas. In addition, if the EPA has not affirmatively 
determined that the State has made such a complete submission within 6 
months after the offset sanction is imposed, then the highway funding 
sanction will apply in the affected nonattainment areas, in accordance 
with CAA section 179(b)(1) and 40 CFR 52.31. The sanctions will not 
take effect, if, within 18 months after the effective date of this 
finding of failure to submit, the EPA finds that the State has made a 
complete SIP submission addressing the deficiency for which the finding 
was made. Additionally, if the State makes the required SIP submission 
and the EPA takes final action to approve the submission within 2 years 
of the effective date of this finding, the EPA is not required to 
promulgate a FIP for the affected nonattainment areas per CAA section 
110(c).

III. Statutory and Executive Order Reviews

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 provisions of the PRA. This final rule does not establish any new 
information collection requirement apart from what is already required 
by law. This rule relates to the requirement in the CAA for states to 
submit nonattainment NSR SIPs for major sources to satisfy certain NSR 
requirements under the CAA for the PM2.5 NAAQS.

C. Regulatory Flexibility Act (RFA)

    I certify that this rule 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. This action 
relates to the requirement in the CAA for states to submit 
nonattainment NSR SIPs for major sources to satisfy certain NSR 
requirements of the CAA for the PM2.5 NAAQS.

D. Unfunded Mandates Reform Act of 1995 (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. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

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: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule addresses the requirement in the CAA 
for states to submit nonattainment NSR SIPs for major sources to 
satisfy certain NSR requirements under the CAA for the PM2.5 
NAAQS. No tribe is subject to this requirement. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern 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 provides EPA's finding that the State of California has 
failed to make a submission for YSAQMD that is required under the CAA 
to implement the PM2.5 NAAQS, and does not directly or 
disproportionately affect children.

[[Page 36805]]

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

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. In finding that the State of California has 
failed to submit a SIP to address certain basic permitting requirements 
for the PM2.5 NAAQS, for YSAQMD, this action does not 
directly affect the level of protection provided for human health or 
the environment.

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. Judicial Review

    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 August 8, 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 
must be filed, and shall not postpone the effectiveness of such rule or 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: May 26, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-13491 Filed 6-7-16; 8:45 am]
 BILLING CODE 6560-50-P
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