73320 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations 

dated July 10, 2012 and August 21, 2012 

from the Imperial County Air Pollution 

Control District regarding specific 

implementation of parts of the 

Prevention of Significant Deterioration 

program. 

(i) * * * 

(E) Imperial County Air Pollution 

Control District. 

(1) Rule 904, ‘‘Prevention of 

Significant Deterioration (PSD) Permit 

Program,’’ revised on December 20, 

2011. 

(ii) Additional materials. 

(A) Imperial County Air Pollution 

Control District (ICAPCD). 

(1) Letter dated July 10, 2012 from 

Brad Poiriez, ICAPCD, to Gerardo Rios, 

United States Environmental Protection 

Agency Region 9, regarding 

Clarifications of District Rule 904 and 

40 CFR 51.166. 

(2) Letter dated August 21, 2012 from 

Brad Poiriez, ICAPCD, to Gerardo Rios, 

United States Environmental Protection 

Agency Region 9, regarding 

Clarifications of District Rule 904 and 

40 CFR 52.21(k)(2). 

* * * * * 

(419) New and amended regulations 

for the following APCDs were submitted 

on April 25, 2012. Final approval of 

these regulations is based, in part, on 

the clarifications contained in letters 

dated July 19, 2012 and August 21, 2012 

from the Eastern Kern Air Pollution 

Control District regarding specific 

implementation of parts of the 

Prevention of Significant Deterioration 

program. 

(i) Incorporation by reference. 

(A) Eastern Kern Air Pollution Control 

District. 

(1) Rule 210.4, ‘‘Prevention of 

Significant Deterioration,’’ adopted on 

January 12, 2012. 

(ii) Additional materials. 

(A) Eastern Kern Air Pollution Control 

District (EKAPCD). 

(1) Letter dated July 19, 2012 from 

David L. Jones, EKAPCD, to Gerardo 

Rios, United States Environmental 

Protection Agency Region 9, regarding 

Clarifications of District Rule 210.4 and 

40 CFR 51.166. 

(2) Letter dated August 21, 2012 from 

David L. Jones, EKAPCD, to Gerardo 

Rios, United States Environmental 

Protection Agency Region 9, regarding 

Clarifications of District Rule 210.4 and 

40 CFR 52.21(k)(2). 

(420) A new regulation for the 

following APCD was submitted on July 

3, 2012. Final approval of this 

regulation is based, in part, on the 

clarifications contained in a letter dated 

August 7, 2012 from the Yolo-Solano 

Air Quality Management District 

regarding specific implementation of 

parts of the Prevention of Significant 

Deterioration program. 

(i) Incorporation by reference. 

(A) Yolo-Solano Air Quality 

Management District. 

(1) Rule 3.24, ‘‘Prevention of 

Significant Deterioration,’’ adopted on 

June 13, 2012. 

(ii) Additional materials. 

(A) Yolo-Solano Air Quality 

Management District (YSAQMD). 

(1) Letter dated August 7, 2012 from 

Mat Ehrhardt, YSAQMD, to Gerardo 

Rios, United States Environmental 

Protection Agency Region 9, regarding 

Clarifications of District Rule 210.4 and 

40 CFR 51.166. 

* * * * * 

■ 3. Section 52.270 is amended by 

adding new paragraphs (b)(6), (b)(7), 

(b)(8), and (b)(9) to read as follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(6) The PSD program for the Placer 

County Air Pollution Control District 

(PCAPCD), as incorporated by reference 

in § 52.220(c)(391), 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 PCAPCD, this approval 

includes the authority for the PCAPCD 

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. 

(7) The PSD program for the Imperial 

County Air Pollution Control District, as 

incorporated by reference in 

§ 52.220(c)(411), is approved under part 

C, Subpart 1, of the Clean Air Act. 

(8) The PSD program for the Eastern 

Kern Air Pollution Control District 

(EKAPCD), as incorporated by reference 

in § 52.220(c)(419), 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 EKAPCD, this approval 

includes the authority for the EKAPCD 

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. 

(9) The PSD program for the YoloSolano Air Quality Management 

District, as incorporated by reference in 

§ 52.220(c)(420), is approved under part 

C, Subpart 1, of the Clean Air Act. 

* * * * * 

[FR Doc. 2012–29535 Filed 12–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0513; FRL–9749–6] 

Approval of Air Quality Implementation 

Plans; California; South Coast Air 

Quality Management District; 

Prevention of Significant Deterioration; 

Greenhouse Gases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action 

under section 110 of the Clean Air Act 

(CAA) to approve a State 

Implementation Plan (SIP) revision for 

the South Coast Air Quality 

Management District (SCAQMD or 

District) portion of the California State 

Implementation Plan (SIP). This SIP 

revision incorporates District Rule 

1714—Prevention of Significant 

Deterioration for Greenhouse Gases into 

the California SIP. The submitted 

revision is a permitting rule that 

contains the Prevention of Significant 

Deterioration (PSD) permit program 

applicable to new and modified major 

stationary sources of greenhouse gases 

(GHGs) as required by Part C of title I 

of the Clean Air Act. In addition, upon 

the effective date of this action, the 

District is no longer subject to the 

Federal Implementation Plan (FIP) at 40 

CFR 52.21 as it pertains to GHGs. 

DATES: This rule is effective on January 

9, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0513 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. While all 

documents in the docket 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. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations 73321 

FOR FURTHER INFORMATION CONTACT: Lisa 

Beckham, EPA Region IX, 75 Hawthorne 

Street (AIR–3), San Francisco, CA 

94105, phone number (415) 972–3811, 

or by email at beckham.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and EPA Responses 

III. What Action is EPA finalizing? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On August 29, 2012 (77 FR 52277), 

EPA proposed to approve the rule listed 

in Table 1 that was submitted for 

incorporation into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ................................ 1714 Prevention of Significant Deterioration for Greenhouse 

Gases.

11/5/2010 12/30/2010 

We proposed to approve this rule 

because we determined that it complied 

with the applicable CAA requirements. 

Our proposed rule and related 

Technical Support Document (TSD) 

contain more information on the basis 

for this rulemaking and our evaluation 

of the submittal. 

II. Public Comments and EPA 

Responses 

EPA’s proposed approval action for 

this SIP revision submittal provided a 

30-day public comment period. During 

this period, we received no comments. 

III. What action is EPA finalizing? 

EPA is finalizing a SIP revision for the 

SCAQMD portion of the California SIP. 

This SIP revision will be codified in 40 

CFR 52.220 by incorporating by 

reference District Rule 1714 listed in 

Table 1 above. In addition, the letter 

from the District to EPA dated August 

15, 2012 that provides certain 

clarifications concerning the District’s 

rule, discussed in EPA’s proposed rule 

for this action, will be included as 

additional material in 40 CFR 52.220. 

The regulatory text addressing this 

action also makes it clear that EPA is 

relying, in part, on the clarifications 

provided in the District’s clarification 

letter in taking this final approval 

action. As such, the District’s 

implementation of the PSD program in 

a manner consistent with these 

clarifications is a pre-condition of 

today’s final approval of this PSD SIP 

revision. District Rule 1714 applies only 

to sources that trigger the PSD program 

for GHGs. This SIP revision provides a 

federally approved and enforceable 

mechanism for the District to issue preconstruction PSD permits for new and 

modified major stationary sources of 

GHGs within the District. The regulatory 

text at 40 CFR 52.270 is also being 

revised so that the SCAQMD is no 

longer subject to the FIP for the PSD 

program as it pertains to GHGs. 

For pollutants other than GHGs that 

trigger the PSD program, the District 

will continue to administer the PSD 

program under the criteria and 

procedures in 40 CFR 52.21, 40 CFR 

Part 124 (including the opportunity to 

petition for review by EPA’s 

Environmental Appeals Board), and the 

applicable PSD delegation agreement. 

IV. Final Action 

Under CAA sections 110(a), 110(l), 

and 165 and for the reasons set forth in 

our August 29, 2012 proposed rule, EPA 

is approving CARB’s December 30, 2010 

submittal of District Rule 1714— 

Prevention of Significant Deterioration 

for Greenhouse Gases—into the 

California SIP to establish a PSD permit 

program for pre-construction review of 

certain new and modified major 

stationary sources of greenhouse gases. 

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). Thus, in reviewing 

SIP submissions, 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: 

• 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); 

• 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 (Pub. L. 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 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, 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. 

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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 


srobinson on DSK4SPTVN1PROD with 
73322 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations 

the U.S. House of Representatives, and 

the Comptroller 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 February 8, 2013. 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 

Air pollution control, Environmental 

protection, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: October 22, 2012. 

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 

■ 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 new paragraph (c)(421) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(421) New regulations were submitted 

on December 30, 2010, by the 

Governor’s designee. Final approval of 

this regulation is based, in part, on the 

clarifications contained in a August 15, 

2012 letter from the South Coast Air 

Quality Management District regarding 

specific implementation of parts of the 

Prevention of Significant Deterioration 

program. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 1714, ‘‘Prevention of 

Significant Deterioration for Greenhouse 

Gases,’’ adopted on November 5, 2010. 

(ii) Additional materials. 

(A) South Coast Air Quality 

Management District (SCAQMD). 

(1) Letter dated August 15, 2012 from 

Mohsen Nazemi, SCAQMD, to Gerardo 

Rios, EPA Region 9, regarding 

Clarifications for Rule 1714—Prevention 

of Significant Deterioration for 

Greenhouse Gases. 

■ 3. Section 52.270 is amended by 

adding new paragraph (b)(10) to read as 

follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(10) The PSD program for greenhouse 

gases (GHGs) in Rule 1714 for the South 

Coast Air Quality Management District 

(SCAQMD), as incorporated by 

reference in § 52.220(c)(421), is 

approved under part C, Subpart 1, of the 

Clean Air Act. This approval is limited 

to sources subject to the PSD program 

for GHGs. The provisions of § 52.21 

(except paragraph (a)(1)) continue to 

apply to the SCAQMD for all pollutants 

subject to regulation, as defined in 

§ 52.21, except for GHGs. 

* * * * * 

[FR Doc. 2012–29528 Filed 12–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0808; FRL–9750–4] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

Unified Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

opacity standards related to multiple 

pollutants, including particulate matter 

(PM) emissions from several different 

types of sources, ranging from fugitive 

dust to gas turbines. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on February 

8, 2013 without further notice, unless 

EPA receives adverse comments by 

January 9, 2013. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0808, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: 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. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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: 

Idalia Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 


srobinson on DSK4SPTVN1PROD with