Rule2021-13452
Air Quality Implementation Plan; California; Mendocino County Air Quality Management District; Stationary Source Permits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 25, 2021
Effective
July 26, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mendocino County Air Quality Managment District (MCAQMD or "District") portion of the California State Implementation Plan (SIP). These revisions concern the District's prevention of significant deterioration (PSD) permitting program for new and modified stationary sources of air pollution. We are approving these local rules pursuant to requirements under part C of title I of the Clean Air Act as amended in 1990 (CAA or the "Act").
Full Text
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<title>Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)</title>
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[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33539-33541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13452]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0519; FRL-10024-19-Region 9]
Air Quality Implementation Plan; California; Mendocino County Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Mendocino County Air Quality
Managment District (MCAQMD or ``District'') portion of the California
State Implementation Plan (SIP). These revisions concern the District's
prevention of significant deterioration (PSD) permitting program for
new and modified stationary sources of air pollution. We are approving
these local rules pursuant to requirements under part C of title I of
the Clean Air Act as amended in 1990 (CAA or the ``Act'').
DATES: This rule will be effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2020-0519. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415) 947-4174, or by
email to <a href="/cdn-cgi/l/email-protection#76141702151e131a12130458171b1413043613061758111900"><span class="__cf_email__" data-cfemail="ccaeadb8afa4a9a0a8a9bee2ada1aea9be8ca9bcade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us'' and ``our'' refer to the 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 February 22, 2021, the EPA proposed to approve the following
rules into the MCAQMD portion of the California SIP.\1\
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\1\ 86 FR 10524.
Table 1--Submitted Rules
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Rule No. Rule title Amended Submitted
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1-220.................................. New Source Review Standards (Including 4/7/2020 8/10/2020
PSD Evaluations).
1-230.................................. Action on Applications................. 4/7/2020 8/10/2020
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The EPA previously finalized a limited approval and limited
disapproval of Rule 1-220 on July 3, 2017.\2\ We listed the following
two deficiencies in our final limited approval and limited disapproval
of Rule 1-220:
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\2\ 82 FR 30770.
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<bullet> Rule 1-220 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 met.
<bullet> The requirements of 40 CFR 51.166(r)(2) \3\ have not been
met because the rule does not include the necessary information about a
source's obligations.
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\3\ The 2017 final rule stated incorrectly that the criteria in
40 CFR 51.166(r)(1) had not been met. Our proposal notice (81 FR
95074, December 27, 2016) and Technical Support Document (TSD)
correctly noted that only the criteria in 40 CFR 41.166(r)(2) had
not been met. See e.g., Section 4.2, number 15 on Page 18 of the TSD
for the 2017 final action.
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The District resolved the first deficiency by adding the required
air quality modeling provisions to Rule 1-220 and addressed the second
deficiency by revising Rule 1-230 to include information about a
source's obligations under the CAA. We have determined that the amended
sections of these rules satisfy the statutory and regulatory
requirements for a PSD program as set forth in the applicable
provisions of part C of title I of the Act and in 40 CFR 51.160-51.164
and 51.166.
Our proposed action contains more information on the rules and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment, which is included in the
docket for this action. We do not consider this comment to be germane
or relevant to
[[Page 33540]]
this action, thus this comment is not adverse to this action. Moreover,
the comment lacks the required specificity to the proposed SIP
revisions and the relevant CAA requirements, and does not address the
specific regulations or provisions in question, or recommend an action
on the SIP submission different from what the EPA proposed. Therefore,
we are finalizing our action as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. We continue to find that MCAQMD
Rules 1-220 and 1-230 correct the previously identified deficiencies
and fulfill all relevant CAA requirements. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the MCAQMD portion of the California SIP. The April 7, 2020
versions of Rules 1-220 and 1-230 will replace the previously approved
versions of the rules in the 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
MCAQMD rules described in Table 1 of this preamble. The EPA has made,
and will continue to make, these materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide the 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 the 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. The 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2021. 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
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 10, 2021.
Deborah Jordan,
Acting 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
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(489)(i)(A)(5)
through (6) and (c)(555) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(489) * * *
(i) * * *
(A) * * *
(5) Previously approved on July 3, 2017, in paragraph
(c)(489)(i)(A)(3) of this section and now deleted with replacement in
(c)(555)(i)(A)(1), Rule 1-220, ``New Source Review Standards (Including
PSD Evaluations),'' amended on April 7, 2020.
(6) Previously approved on July 3, 2017, in paragraph
(c)(489)(i)(A)(4) of this section and now deleted with replacement in
(c)(555)(i)(A)(2), Rule
[[Page 33541]]
1-230, ``Action on Applications,'' amended April 7, 2020.
* * * * *
(555) The following amended regulations were submitted on August
10, 2020 by the Governor's designee.
(i) Incorporation by reference.
(A) Mendocino County Air Quality Management District.
(1) Regulation 1, Rule 1-220, ``New Source Review Standards
(Including PSD Evaluations),'' last amended on April 7, 2020.
(2) Regulation 1, Rule 1-230, ``Action on Applications,'' last
amended April 7, 2020.
(B) [Reserved]
(ii) [Reserved]
0
3. Section 52.270 is amended by revising paragraph (b)(3) introductory
text to read as follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(3) The PSD program for Mendocino County Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(489) and
(c)(555) is approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except for paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the Mendocino County Air Quality Management District for:
* * * * *
[FR Doc. 2021-13452 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 25, 2021.
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