6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2015-0082] 

Revisions to the California SIP, Ventura & Eastern Kern Air 

Pollution Control Districts; Permit Exemptions 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection Agency (EPA) is taking 

final action to approve revisions to the Ventura County Air 

Pollution Control District (VCAPCD) and Eastern Kern Air 

Pollution Control District (EKAPCD) portions of the California 

State Implementation Plan (SIP). These revisions clarify, 

update, and revise exemptions from New Source Review (NSR) 

permitting requirements, for various air pollution sources. 

DATE: These rules will be effective on [Insert date 30 days 

after the date of publication in the Federal Register]. 

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-

0082 for this action. Generally, documents in the docket for 

this action are available electronically at 

http://www.regulations.gov or in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, California 94105-3901. While 

all documents in the docket are listed at 

http://www.regulations.gov, some information may be publicly 
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available only at the hard copy location (e.g., copyrighted 

material, large maps, multi-volume reports), and some may not be 

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: Lawrence Maurin, EPA Region 

IX, (415) 972-3943, Maurin.Lawrence@epa.gov. 

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

and “our” refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

 On April 14, 2015 (80 FR 19932), EPA proposed to approve 

the following rules into the California SIP. Table 1 lists the 

rules addressed by this proposal, including the dates they were 

revised by the local air agency and submitted by the California 

Air Resources Board (CARB). 
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Table 1 - Submitted Rules 

Local 

Agency 

Rule # Rule Title Revision 

Date 

Submittal 

Date 

VCAPCD 23 Exemptions from 

Permit 

11/12/13 05/13/14 

EKAPCD 202 Permit Exemptions 01/13/11 06/21/11 

We proposed to approve these rules because we determined 

that they complied with the relevant Clean Air Act (CAA) 

requirements. Our proposed action contains more information on 

the rules and our evaluation.

II. Public Comments and EPA Responses 

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

period. During this period, we received no comments. 

III. EPA Action 

 No comments were submitted. Therefore, as authorized in 

Section 110(k)(3) of the Act, EPA is fully approving these rules 

into the California SIP. 

IV. 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 Ventura County Air Pollution 

Control District and Eastern Kern Air Pollution Control District 

rules described in the amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will continue to make, these 
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documents available electronically through www.regulations.gov 

and in hard copy at the appropriate EPA office (see the 

ADDRESSES section of this preamble for more information). 

V. 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 action: 

• is not a significant regulatory action subject to review 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 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.); 
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• 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, 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 is not approved to apply on any Indian 

reservation land or in any other area where EPA or an Indian 

tribe has demonstrated that a tribe has jurisdiction. In those 

areas of Indian country, the rule does not have tribal 

implications and will not impose substantial direct costs on 
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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. section 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, 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 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 [Insert 

date 60 days after date of publication in the Federal Register]. 

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. 
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This action may not be 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, 

Intergovernmental relations, Incorporation by reference, Ozone, 

Particulate matter, Reporting and recordkeeping requirements, 

Volatile organic compounds. 

____June 16, 2015.____ ____//signed by//___ 

Dated: Alexis Strauss, 

 Acting Regional Administrator, 

Region IX. 

 
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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 paragraph (c)(391) 

(i)(A)(2)and(c)(441)(i)(C)(3) to read as follows: 

§52.220 Identification of plan. 

* * * * * 

(c) * * * 

(391) * * * 

(i) * * * 

(A) * * * 

(2) Rule 202, “Permit Exemptions,” amended on January 13, 

2011. 

* * * * * 

(441) * * * 

(i) * * * 

(C) * * * 

(3) Rule 23, “Exemptions from Permit,” revised on November 12, 

2013. 

* * * * *