Daily Rules, Proposed Rules, and Notices of the Federal Government
Throughout this document, “we,” “us” and “our” refer to EPA.
Table 1 lists the rule on which we are proposing action along with the dates on which it was adopted by the District and submitted to EPA by the California Air Resources Board (CARB).
CAA section 110(k)(1)(B) requires EPA to determine whether a SIP submittal is complete within 60 days of receipt. The December 30, 2010 SIP submittal package was considered complete on March 22, 2011 according to the criteria in Appendix V to 40 CFR Part 51.
There are no previous versions of Rule 1714 in the California SIP. The District originally adopted Rule 1714 on November 5, 2010 and it has not been revised since that date.
Section 110(a) of the CAA requires states to adopt and submit regulations for the implementation, maintenance and enforcement of the primary and secondary NAAQS. Specifically, section 110(a)(2)(J) requires the state's plan to meet the applicable requirements of section 165 relating to a pre-construction permit program for the prevention of significant deterioration of air quality and visibility protection. The purpose of District Rule 1714—Prevention of Significant Deterioration for Greenhouse Gases is to implement a pre-construction PSD permit program, as required by section 165 of the CAA, for certain new and modified major stationary sources that emit or may emit GHGs. Currently, EPA is the PSD permitting authority within the District because the State does not have a SIP-approved PSD program. However, pursuant to 40 CFR 52.21(u), the District currently issues PSD permits through a delegation agreement between EPA and the District. The District determined that this delegation agreement does not extend to GHGs, so EPA currently administers the GHG portion of 40 CFR 52.21 within the District. Approval of Rule 1714 into the SIP will transfer PSD permitting authority for GHGs from EPA to the District. Rule 1714 would apply only to sources that trigger the PSD program for 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 the delegation agreement, 40 CFR 52.21, and Part 124 (including the opportunity to petition for review by EPA's Environmental Appeals Board). Upon approval of the District's PSD SIP revision for GHGs, EPA would continue its role of overseeing the District's entire PSD permitting program, including both the delegated program for non-GHG pollutants and the SIP-approved portion for GHGs.
The relevant statutory and regulatory provisions for our review of the submitted rules include CAA sections 110(a), 110(l), and 165 and 40 CFR 51.166. Section 110(a) requires, among other things, that SIP rules be enforceable, while section 110(l) precludes EPA approval of SIP revisions that would interfere with any applicable requirements concerning attainment and reasonable further progress. Section 165 of the CAA requires states to adopt a pre-construction permitting program for certain new and modified major stationary sources located in attainment or unclassifiable areas. 40 CFR 51.166 establishes the specific requirements for SIP-approved PSD permit programs that must be met to satisfy the requirements of section 165 of the CAA.
With some exclusions and revisions, Rule 1714 incorporates by reference EPA's PSD permit program, as it pertains to GHGs, at 40 CFR 52.21. We generally consider EPA's PSD permit program at 40 CFR 52.21 to be consistent with the criteria in 40 CFR 51.166. However, we conducted a review of Rule 1714, including additional clarifications regarding procedural requirements provided by the District in a letter to EPA dated August 15, 2012, to ensure that all requirements of 40 CFR 51.166 are met as they pertain to GHGs. Our evaluation is available as an attachment to the technical support document (TSD) for this rulemaking. We also reviewed the revisions the District made to 40 CFR 52.21 that were incorporated by reference into Rule 1714, such as revising certain terms and definitions to reflect that the District, rather than EPA, will be the PSD permitting authority. Based on our review of Rule 1714 and the clarifications in the District's letter of August 15, 2012, we are proposing to find the SIP revision acceptable under CAA sections 110(a), 110(l) and 165 and 40 CFR 51.166.
EPA's TSD for this rulemaking has more information about this rule, including our evaluation and recommendation to approve it into the SIP.
Because EPA believes the submitted rule fulfills all relevant requirements, we are proposing to fully approve it as a revision to the SIP pursuant to section 110(k)(3) of the Act. Specifically, we are proposing to approve District Rule 1714—Prevention of Significant Deterioration, as adopted by the District on November 5, 2010 and submitted by CARB on December 30, 2010.
We will accept comments from the public on this proposal until September 28, 2012.
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 proposed 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 proposed 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 Clean Air Act; and
• Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed 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.
Environmental protection, Air pollution control, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.
42 U.S.C. 7401 et seq.