39966 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

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 responds to the 

requirement in the CAA for states to 

submit SIPs under section 110(a) to 

address CAA section 110(a)(2)(D)(i)(I) 

for the 2008 ozone NAAQS. No tribe is 

subject to the requirement to submit an 

implementation plan under section 

110(a) within 3 years of promulgation of 

a new or revised NAAQS. 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 

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 concern an 

environmental health risk or safety risk. 

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 because it does not affect 

the level of protection provided to 

human health or the environment. The 

EPA’s evaluation of environmental 

justice considerations is contained in 

section IV of this document. 

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 

Section 307(b)(l) of the CAA indicates 

which federal Courts of Appeal have 

venue for petitions of review of final 

agency actions by the EPA under the 

CAA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit (i) when the agency 

action consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

The EPA has determined that this 

final rule consisting of findings of 

failure to submit certain of the required 

good neighbor SIP provisions is 

‘‘nationally applicable’’ within the 

meaning of section 307(b)(1). This rule 

affects 24 states across the country that 

are located in seven of the ten EPA 

Regions, 10 different federal circuits, 

and multiple time zones. 

This determination is appropriate 

because, in the 1977 CAA Amendments 

that revised CAA section 307(b)(l), 

Congress noted that the Administrator’s 

determination that an action is of 

‘‘nationwide scope or effect’’ would be 

appropriate for any action that has 

‘‘scope or effect beyond a single judicial 

circuit.’’ H.R. Rep. No. 95–294 at 323– 

324, reprinted in 1977 U.S.C.C.A.N. 

1402–03. Here, the scope and effect of 

this action extends to the 10 judicial 

circuits that include the states across the 

country affected by this action. In these 

circumstances, section 307(b)(1) and its 

legislative history authorize the 

Administrator to find the rule to be of 

‘‘nationwide scope or effect’’ and thus to 

indicate that venue for challenges lies in 

the DC Circuit. Accordingly, the EPA is 

determining that this is a rule of 

nationwide scope or effect. 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 District of Columbia 

within 60 days from the date this final 

action is published in the Federal 

Register. Filing a petition for review by 

the Administrator of this final action 

does not affect the finality of the 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, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: June 30, 2015. 

Janet G. McCabe, 

Acting Assistant Administrator. 

[FR Doc. 2015–16922 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0841; FRL–9929–60– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking action to 

approve a revision to the South Coast 

Air Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC) emissions from Large 

Confined Animal Facilities. We are 

approving a local rule to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule will be effective on 

August 12, 2015. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2014– 

0841 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 

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 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39967 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, Levin.Nancy@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, in 80 FR 19931, 

the EPA proposed approval of the 

following rule that was submitted for 

incorporation into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ................................ 223 Emission Reduction Permits for Large Confined Animal Facilities.06/02/06 03/17/09 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and EPA 

Responses 

The 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 this rule 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 

SCAQMD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these 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.); 

• 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 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 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. 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 September 11, 

2015. 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 section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 


srobinson on DSK5SPTVN1PROD with RULES
39968 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

1 72 FR 20586 (April 25, 2007). 

2 706 F.3d 428 (D.C. Cir. 2013). 

3The court’s opinion did not specifically address 

the point that implementation under subpart 4 

requirements would still require consideration of 

subpart 1 requirements, to the extent that subpart 

4 did not override subpart 1. EPA assumes that the 

court presumed that EPA would address this issue 

of potential overlap between subpart 1 and subpart 

4 requirements in subsequent actions. 

Dated: June 9, 2015. 

Jared Blumenfeld, 

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 paragraph (c)(363)(i)(F) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) * * * 

(i) * * * 

(F) South Coast Air Quality 

Management District. 

(1) Rule 223, ‘‘Emission Reduction 

Permits for Large Confined Animal 

Facilities,’’ adopted on June 2, 2006. 

* * * * * 

[FR Doc. 2015–16925 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0833; FRL–9930–31– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Preconstruction 

Requirements—Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted on August 22, 2013 by the 

Maryland Department of the 

Environment (MDE) on behalf of the 

State of Maryland. This revision 

pertains to Maryland’s major 

nonattainment New Source Review 

(NSR) program, notably preconstruction 

permitting requirements for sources of 

fine particulate matter (PM2.5). This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

August 12, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0833. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 25, 2015 (80 FR 15713), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of revisions to Maryland’s 

major nonattainment NSR program, 

notably preconstruction permitting 

requirements for sources of fine 

particulate matter (PM2.5). The formal 

SIP revision (#13–06) was submitted by 

MDE on August 22, 2013. 

Generally, the revisions incorporate 

provisions related to the 2008 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR 

28321 (May 16, 2008). As discussed in 

the NPR, the 2008 NSR PM2.5 Rule (as 

well as the 2007 ‘‘Final Clean Air Fine 

Particle Implementation Rule’’ (2007 

PM2.5 Implementation Rule) 1), was the 

subject of litigation before the United 

States Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) in 

Natural Resources Defense Council v. 

EPA (hereafter, NRDC v. EPA).2 On 

January 4, 2013, the D.C. Circuit 

remanded to EPA both the 2007 PM2.5

Implementation Rule and the 2008 NSR 

PM2.5 Rule. The court found that in both 

rules EPA erred in implementing the 

1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) solely 

pursuant to the general implementation 

provisions of subpart 1 of part D of title 

I of the CAA (subpart 1), rather than 

pursuant to the additional 

implementation provisions specific to 

particulate matter in subpart 4 of part D 

of title I (subpart 4).3 However, as was 

also discussed in the NPR, EPA’s final 

actions redesignating all of the areas in 

Maryland which were nonattainment for 

the 1997 PM2.5 NAAQS to attainment 

obviated the need for MDE to submit a 

nonattainment NSR SIP addressing 

PM2.5 requirements, including those 

under subpart 4. See 80 FR 15714. EPA, 

therefore, did not evaluate MDE’s 

August 22, 2013 SIP revision submittal 

for compliance with subpart 4. To the 

extent that any area in Maryland is 

designated as nonattainment for PM2.5

in the future, MDE will have to make a 

submittal under CAA section 189 

addressing how its nonattainment NSR 

permitting program satisfies all of the 

statutory requirements pertaining to 

PM2.5, including subpart 4. 

II. Summary of SIP Revision 

The 2008 NSR PM2.5 Rule: (1) 

Required NSR permits to address 

directly emitted PM2.5 and precursor 

pollutants; (2) established significant 

emission rates for direct PM2.5 and 

precursor pollutants (including sulfur 

dioxide (SO2) and oxides of nitrogen 

(NOX)); (3) established PM2.5 emission 

offsets; and (4) required states to 

account for gases that condense to form 

particles (condensables) in PM2.5

emission limits. 

To implement these provisions, 

Maryland amended Regulation .01 

under COMAR 26.11.01 (General 

Administrative Provisions) and 

Regulations .01 and .02 under COMAR 

26.11.17 (Nonattainment Provisions for 

Major New Sources and Major 

Modifications). The general definitions 

at COMAR 26.11.01.01 were amended to 

add definitions of ‘‘PM2.5’’ and ‘‘PM2.5

emissions.’’ COMAR 26.11.17 contains 

the preconstruction requirements for 

new major stationary sources and major 

modifications locating in nonattainment 

areas. The definitions of ‘‘regulated NSR 

pollutant’’ and ‘‘significant’’ under 

COMAR 26.11.17.01 were amended. 

The amended definitions require that 

sources account for the condensable 

fraction of PM10 and PM2.5, require that 

NOX and SO2 be regulated as precursors 

to PM10 and PM2.5, and establish 


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