Rule2021-19435
Air Plan Limited Approval and Limited Disapproval, California; Mojave Desert Air Quality Management District
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
September 10, 2021
Effective
October 12, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the Mojave Desert Air Quality Management District's (MDAQMD or District) portion of the California State Implementation Plan (SIP). This revision concerns oxides of nitrogen (NO<INF>X</INF>) emissions from stationary internal combustion engines. Under the authority of the Clean Air Act (CAA or the ``Act''), this action approves a local rule that regulates these emission sources into the federally-enforceable SIP, thereby strengthening the SIP, while identifying deficiencies with the rule that must be corrected by the MDAQMD in order for the EPA to grant full approval of the rule.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50643-50645]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19435]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0333; FRL-8609-02-R9]
Air Plan Limited Approval and Limited Disapproval, California;
Mojave Desert Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the Mojave
Desert Air Quality Management District's (MDAQMD or District) portion
of the California State Implementation Plan (SIP). This revision
concerns oxides of nitrogen (NO<INF>X</INF>) emissions from stationary
internal combustion engines. Under the authority of the Clean Air Act
(CAA or the ``Act''), this action approves a local rule that regulates
these emission sources into the federally-enforceable SIP, thereby
strengthening the SIP, while identifying deficiencies with the rule
that must be corrected by the MDAQMD in order for the EPA to grant full
approval of the rule.
DATES: This rule will be effective on October 12, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0333. 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 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 <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: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at <a href="/cdn-cgi/l/email-protection#81e6eeefe6afeae4f7e8efc1e4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="284f47464f06434d5e4146684d5849064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 June 1, 2021 (86 FR 29227), the EPA proposed a limited approval
and limited disapproval of the following rule that was submitted for
incorporation into the California SIP.
Table 1--Submitted Rule
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Rule # Rule title Amended Submitted
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1160....................................... Internal Combustion Engines........ 01/22/2018 05/23/2018
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We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
some rule provisions conflict with section 110 and part D of the Act.
The following provisions do not satisfy the requirements of section 110
and part D of title I of the Act and prevent full approval of the SIP
revision.
1. MDAQMD Rule 1160 section (C)(2)(b) allows for engines to comply
with an alternative emission reduction provision instead of the
concentration-based emission limits for NO<INF>X</INF>. Specifically,
this alternative provision allows for owners or operators of applicable
equipment to submit a plan for alternative emissions reduction that
would achieve an 80% or 90% reduction of emissions from a baseline
emission rate. Because the rule does not clearly specify how to
calculate the baseline emission rate, the rule is not sufficiently
clear to constitute an enforceable emission limitation, control
measure, means or technique, as required under section 110(a)(2) of the
Act. Furthermore, the rule leaves the approval of the NO<INF>X</INF>
emission reduction alternative to the District without EPA review or
approval of the alternative into the SIP. Because the rule is not clear
with respect to how to calculate the baseline emission rate, and the
approval of an alternative limit lies solely with the District, this
provision allows for overbroad discretion on the part of the Director
to modify requirements of the SIP without the procedures required under
section 110 of the Act. In addition, the ambiguous alternative emission
reduction provision could allow many units to emit more than the
concentration limit in the rule by, in some cases, more than two times.
Additionally, the alternative limits have not been justified as meeting
the reasonably available control technology (RACT) requirement.
2. Under section (C)(2)(b)(v), the alternative emission reduction
option also allows for units operating at the same facility to
aggregate their emissions in order to comply with the percentage
reduction. This type of provision (emissions aggregation) constitutes
an economic incentive program (EIP) under the EPA's 2001 EIP
guidance.\1\ As discussed in the proposed rule, the rule provisions do
not meet the criteria for EIP integrity because they fail to require
that any excess emission reductions credited through the provision be
surplus (i.e., not required by any other federally enforceable
provision). This omission could allow reductions that are otherwise
federally required to be aggregated and therefore allow greater
emissions at other units.
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\1\ ``Improving Air Quality with Economic Incentive Programs''
(EPA-452/R-01-001, January 2001).
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3. The compliance determination requirements described in section
(E)(1)(c) do not require adequate source testing for emission units
without emission control equipment. The requirements do not specify any
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frequency for testing beyond the initial compliance test, and do not
specify what criteria must be met for certified manufacturer emission
rates to be evidence of compliance.
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 from the MDAQMD expressing
concern regarding the EPA's communication with the District in advance
of the proposed action, indicating that these issues could have been
raised sooner to give the District an opportunity to address them in
the local rulemaking process. Although the comment expressed concern
about the EPA's communications with the District during the rule
development process, the comment did not criticize the substance of the
deficiencies identified by the EPA in the proposed rulemaking and
described the EPA's concerns as ``legitimate.'' The District also
stated they would be initiating a local rulemaking process in the near
future to resolve these issues. Accordingly, we acknowledge the
concerns raised by the District, but do not consider the comment to be
suggesting that the EPA take a different course of action in the
current rulemaking.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized by the
grant of authority to approve and disapprove SIP submissions contained
in sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval and limited disapproval of the submitted rule. Our
limited approval incorporates the submitted rule into the California
SIP, including those provisions identified as deficient.
As a result of the limited disapproval, the EPA must promulgate a
Federal implementation plan (FIP) under section 110(c) unless we
approve subsequent SIP revisions that correct the rule deficiencies
within 24 months.
In addition, the offset sanction in CAA section 179(b)(2) will be
imposed 18 months after the effective date of this action, and the
highway funding sanction in CAA section 179(b)(1) six months after the
offset sanction is imposed. A sanction will not be imposed if the EPA
determines that a subsequent SIP submission corrects the identified
deficiencies before the applicable deadline.
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
MDAQMD rule 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 <a href="http://www.regulations.gov">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="http://www.epa.gov/laws-regulations/laws-and-executive-orders">http://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
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: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks 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 impose additional
requirements beyond those imposed by state law.
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 (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
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
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Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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 November 9, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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)(207)(i)(D)(5) and
(c)(518)(i)(A)(7) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(207) * * *
(i) * * *
(D) * * *
(5) Previously approved on November 1, 1996 in paragraph
(c)(207)(i)(D)(3) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(6) of this section, Rule 1160, adopted on
October 26, 1994.
* * * * *
(518) * * *
(i) * * *
(A) * * *
(7) Rule 1160, ``Internal Combustion Engines,'' amended on January
22, 2018.
* * * * *
[FR Doc. 2021-19435 Filed 9-9-21; 8:45 am]
BILLING CODE 6560-50-P
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