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Approval of California Plan Revisions; Northern Sonoma County Air Pollution Control District; Stationary Source Permits

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Environmental Protection Agency (EPA).


Final rule.


The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Northern Sonoma County Air Pollution Control District (NSCAPCD 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 sources of air pollution. We are approving local rules under the Clean Air Act (CAA or the Act).


This rule is effective on August 23, 2018.


The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0171. All documents in the docket are listed on the website. Although listed in the index, some information is not publicly available, e.g., 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 through, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information.

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T. Khoi Nguyen, EPA Region IX, (415) 947-4120,

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Throughout this document, “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 April 4, 2018, the EPA proposed an approval of Rules 130—Definitions, 220—New Source Review, and 230—Action on Applications, as noted in Table 1, submitted by the California Air Resources Board (CARB) for incorporation into the NSCAPCD portion of the California SIP. 81 FR 69390. Table 1 also lists the dates the rules were adopted by the NSCAPCD and submitted by CARB, which is the governor's designee for California SIP submittals.

Table 1—Submitted Rules

Local agencyRule No.Rule titleAmendedSubmitted
NSCAPCD220New Source Review5/3/20176/12/17
NSCAPCD230Action on Applications5/3/20176/12/17

Rules 130, 220, and 230 contain the requirements for review and permitting of individual stationary sources in the NSCAPCD. We proposed to approve these rules because we determined that they comply with the relevant CAA requirements. The changes the District made to the rules listed above resolve the limited disapproval issues identified in a previous action. 81 FR 69390 (October 6, 2016). The EPA listed four items that need addressing for the three rules with limited approval to become fully approved—listing lead as a pollutant and indicating a significant emission rate, requiring provisions for air quality modeling based on applicable models, databases, and other requirements as specified in Part 51 Appendix W, correcting a typographic error, and including specific language regarding source obligations. The revisions to the three submitted rules address these four deficiencies.

We are now finalizing approval of Rules 130, 220, and 230 because we have determined these rules satisfy all of the statutory and regulatory requirements for an NSR permit program (including the PSD program) as set forth in the applicable provisions of part C of title I of the Act and in 40 CFR 51.165 and 40 CFR 51.307.

Our proposed action contains more information on the rule 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 six comments. Only one comment pertained to the action. This comment was submitted by the NSCAPCD expressing support for the EPA's proposed action. The NSCAPCD states that this action will help the District maintain its portion of the California SIP in good standing. The EPA thanks the NSCAPCD for its support of our proposed action.

The comments have been added to the docket for this action and are accessible at Start Printed Page 34950

III. EPA Action

No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the 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 NSCAPCD 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 through 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

Under the CAA, the EPA 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 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);
  • Is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;
  • 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 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, these rules do 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 these rules 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 September 24, 2018. Filing a petition for reconsideration by the Administrator of these final rules does not affect the finality of these rules 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 rules or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).)

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List of Subjects in 40 CFR Part 52

  • Environmental protection
  • Air pollution control
  • Carbon monoxide
  • Incorporation by reference
  • Intergovernmental relations
  • Lead
  • Nitrogen dioxide
  • Ozone
  • Particulate matter
  • Reporting and recordkeeping requirements
  • Sulfur oxides
  • Volatile organic compounds
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Dated: June 12, 2018.

Deborah Jordan,

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:

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1. The authority citation for part 52 continues to read as follows:

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

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Subpart F—California

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2. Section 52.220 is amended by adding paragraphs (c)(480)(i)(A)( 5) through (7) and (c)(504)(i)(B) to read as follows:

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Identification of plan-in part.
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(c) * * *

(480) * * *

(i) * * *

(A) * * *

(5) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(1) of this section and now deleted with replacement in (c)(504)(i)(B)(1), Rule 130, “Definitions” adopted on November 14, 2014.

(6) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(3) of this section and now deleted with replacement in (c)(504)(i)(B)(2), Rule 220, “New Source Review” adopted on November 14, 2014.

(7) Previously approved on October 6, 2016, in paragraph (c)(480)(i)(A)(4) of this section and now deleted with replacement in (c)(504)(i)(B)(3), Rule 230, “Action on Applications” adopted on November 14, 2014.

* * * * *

(504) * * *

(i) * * *

(B) Northern Sonoma County Air Pollution Control District.

(1) Rule 130, “Definitions,” amended on May 3, 2017.

(2) Rule 220, “New Source Review Standards (including PSD Evaluations),” amended on May 3, 2017.Start Printed Page 34951

(3) Rule 230, “Action on Applications,” amended on May 3, 2017.

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[FR Doc. 2018-15727 Filed 7-23-18; 8:45 am]