Proposed Rule2022-09741
Air Quality State Implementation Plans; Approvals and Promulgations: California; San Diego County Air Pollution Control District; Permits
Primary source
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Published
May 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve four permitting rules submitted as a revision to the San Diego County Air Pollution Control District (SDAPCD or "District") portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA or "Act"). This action will update the District's applicable SIP with rules revised to address a deficiency identified in a previous limited disapproval action. We are taking comments on this proposal and plan to follow with a final action. Elsewhere in this issue of the Federal Register, we are making an interim final determination that will defer the imposition of CAA sanctions associated with our previous limited disapproval action. This action also proposes to revise regulatory text to clarify that San Diego County is not subject to the Federal Implementation Plan related to protection of visibility.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Proposed Rules]
[Pages 29105-29108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09741]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0306; FRL-9713-01-R9]
Air Quality State Implementation Plans; Approvals and
Promulgations: California; San Diego County Air Pollution Control
District; Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve four permitting rules submitted as a revision to the San Diego
County Air Pollution Control District (SDAPCD or ``District'') portion
of the California State Implementation Plan (SIP). These revisions
concern the District's New Source Review (NSR) permitting program for
new and modified sources of air pollution under section 110(a)(2)(C)
and part D of title I of the Clean Air Act (CAA or ``Act''). This
action will update the District's applicable SIP with rules revised to
address a deficiency identified in a previous limited disapproval
action. We are taking comments on this proposal and plan to follow with
a final action. Elsewhere in this issue of the Federal Register, we are
making an interim final determination that will defer the imposition of
CAA sanctions associated with our previous limited disapproval action.
This action also proposes to revise regulatory text to clarify that San
Diego County is not subject to the Federal Implementation Plan related
to protection of visibility.
DATES: Comments must be received on or before June 13, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0306 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Multimedia
[[Page 29106]]
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3534 or by
email at <a href="/cdn-cgi/l/email-protection#077e666969667e6869296b667275664762776629606871"><span class="__cf_email__" data-cfemail="5f263e31313e26303171333e2a2d3e1f3a2f3e71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Proposed action and public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
when they were amended by the District and submitted by the California
Air Resources Board (CARB). These rules constitute part of the
District's current program for preconstruction review and permitting of
new or modified stationary sources under its jurisdiction. The rule
revisions that are the subject of this action represent an update to
the SDAPCD's preconstruction review and permitting program and are
intended to satisfy the requirements under part D of title I of the Act
(``Nonattainment NSR'' or ``NNSR'') as well as the general
preconstruction review requirements under section 110(a)(2)(C) of the
Act (``Minor NSR'').
Table 1--Submitted Rules
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Rule No. Rule title Amended date Submitted date
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11..................................... Exemptions From Rule 10 Permit 7/8/2020 9/21/2020
Requirements.
20.1................................... New Source Review--General 10/14/2021 2/2/2022
Provisions.
20.3 *................................. New Source Review--Major 10/14/2021 2/2/2022
Stationary Sources and PSD
Stationary Sources.
20.4 *................................. New Source Review--Portable 10/14/2021 2/2/2022
Emission Units.
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* The following subsections of the Rules 20.3 and 20.4 were not submitted to the EPA for inclusion in the San
Diego SIP: Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4
Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
On March 21, 2021, the submittal of Rule 11 became complete by
operation of law. On March 28, 2022, the EPA determined that the
February 2, 2022 submittal of revised Rules 20.1, 20.3, and 20.4 met
the completeness criteria in 40 CFR part 51, appendix V, which must be
met before formal EPA review.
B. Are there other versions of these rules?
The SIP-approved versions of the submitted rules are identified
below in Table 2.
Table 2--SIP Approved Rules
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Federal Register
Rule No. Rule title SIP approval date citation
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11..................................... Exemptions....................... 10/4/18 83 FR 50007
20.1................................... New Source Review--General 9/16/20 85 FR 57727
Provisions.
20.3................................... New Source Review--Major 9/16/20 85 FR 57727
Stationary Sources and PSD
Stationary Sources.
20.4................................... New Source Review--Portable 9/16/20 85 FR 57727
Emission Units.
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If the EPA finalizes the action proposed herein, these rules will
be replaced in the SIP by the submitted set of rules listed in Table 1.
Additionally, as described below, the EPA's final approval of Rule 20.1
will address our previous limited disapproval.
C. What is the purpose of the submitted rule revisions?
As described in further detail below, the submitted rules are
intended to resolve the NSR program deficiency we identified in our
September 16, 2020 final action (``2020 NSR Action''),\1\ which
included a limited disapproval of a prior version of Rule 20.1. In
addition, the submitted rules are intended to demonstrate that the
District's NNSR program meets the requirements applicable to San Diego
County following the EPA's June 2, 2021 reclassification of San Diego
County as a Severe nonattainment area for the 2008 and 2015 ozone
national ambient air quality standards (NAAQS).\2\ Other minor
revisions in the rules revise some permit exemptions, provide minor
edits, and address recent changes to regulatory requirements related to
interpollutant trading (IPT) of offsets.
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\1\ 85 FR 57727.
\2\ 86 FR 29522.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
The EPA has evaluated the submitted rules to determine whether they
address the deficiency identified in our 2020 NSR Action. We have also
evaluated the rules for compliance with applicable regulations at 40
CFR 51.160 through 51.165, consistent with the District's current
classification as a Severe
[[Page 29107]]
nonattainment area for both the 2008 and 2015 ozone standards, and
including the recent removal of provisions related to IPT of offsets
made in response to the D.C. Circuit Court of Appeals decision in
Sierra Club v. EPA, 21 F.4th 815 (2021).\3\ We have also reviewed the
rules for consistency with other CAA general requirements for SIP
submittals, including requirements at section 110(a)(2)(A) regarding
rule enforceability, and requirements at sections 110(l) and 193 for
SIP revisions.
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\3\ See 86 FR 37918 (July 19, 2021). This decision and the
regulatory changes made in response are discussed in the TSD for
this action.
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The implementing regulations at 40 CFR 51.165 contain the NNSR
program requirements for major stationary sources and major
modifications at facilities that are located in a nonattainment area
and that are major sources for the pollutants for which the area has
been designated nonattainment. Section 110(a)(2)(A) of the Act requires
that regulations submitted to the EPA for SIP approval must be clear
and legally enforceable. Section 110(l) of the Act prohibits the EPA
from approving SIP revisions that would interfere with any applicable
requirement concerning attainment and reasonable further progress (RFP)
or any other applicable requirement of the CAA. Section 193 of the Act
prohibits the modification of a SIP-approved control requirement in
effect before November 15, 1990, in a nonattainment area, unless the
modification ensures equivalent or greater emission reductions of the
relevant pollutant(s). With respect to procedures, CAA sections 110(a)
and 110(l) require that a state conduct reasonable notice and hearing
before adopting a SIP revision.
B. Do the rules meet the evaluation criteria?
The EPA finds that the submitted rules satisfy the applicable CAA
and regulatory requirements. Below, we discuss generally our evaluation
of the submitted rules. The technical support document (TSD) for this
proposed rulemaking contains a more detailed analysis and is included
in the docket for this action.
We find that the revision to Rule 20.1 Section (a) to remove the
sentence that was the basis for the deficiency identified in our 2020
NSR Action corrects this deficiency. We find that the submitted rules
satisfy the applicable NNSR requirements for both the 2008 and 2015
ozone NAAQS, in that the rules contain the proper major source and
major modification thresholds and offset ratio for a Severe ozone
nonattainment area. We find that the revisions to Rule 11,
``Exemptions,'' are approvable as the emissions from new and revised
permit exemptions are inconsequential to attainment or maintenance of
the NAAQS, considering local air quality concerns, and as the changes
to the rule are otherwise acceptable. We find that the removal of IPT
provisions from Rules 20.3 and 20.4 is consistent with the EPA's recent
changes to 40 CFR 51.165(a)(11) addressing the Sierra Club decision and
are therefore approvable. Finally, we find that the other minor non-
substantive edits to the rules are approvable.
The submitted rules comply with the substantive and procedural
requirements of CAA section 110(l). With respect to the procedural
requirements, based on our review of the public process documentation
included with the submitted rules, we find that the SDAPCD has provided
sufficient evidence of public notice and opportunity for comment and
public hearings prior to submittal of this SIP revision and has
satisfied these procedural requirements under CAA section 110(l).
With respect to the substantive requirements of CAA section 110(l),
we have determined that our approval of the submitted rules would not
interfere with the area's ability to attain or maintain the NAAQS or
with any other applicable requirements of the CAA. Similarly, we find
that the submitted rules are approvable under section 193 of the Act
because they do not modify any control requirement in effect before
November 15, 1990, without ensuring equivalent or greater emission
reductions. The submitted rules are otherwise consistent with criteria
for the EPA's approval of regulations submitted for inclusion in the
SIP, including the requirement at CAA section 110(c)(2)(A) that
submitted regulations be clear and legally enforceable.
For the reasons stated above and explained further in our TSD, we
find that the submitted NSR rules satisfy the applicable CAA and
regulatory requirements for NNSR permit programs under CAA section
110(a)(2)(A) and part D of title I of the Act and other applicable
requirements. This submittal also corrects the deficiency described in
our 2020 NSR Action. If we finalize this action as proposed, our action
will resolve the limited disapproval of Rule 20.1 and will be codified
through revisions to 40 CFR 52.220 (Identification of plan--in part).
Elsewhere in this issue of the Federal Register, we are making an
interim final determination that will defer the imposition of sanctions
triggered by that limited disapproval.
C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA is proposing
approval of Rules 11, 20.1, 20.3, and 20.4. We are proposing this
action based on our determination that the submitted rules satisfy the
applicable statutory and regulatory provisions governing regulation of
stationary sources under part D of title I of the Act and accompanying
regulations at 40 CFR 51.160 through 51.165. In support of our proposed
action, we have concluded that our approval would comply with sections
110(l) and 193 of the Act because the amended rules will not interfere
with continued attainment of the NAAQS in San Diego County and do not
relax control technology and offset requirements.
This action would also revise the regulatory provisions at 40 CFR
52.281(d) concerning the applicability of the visibility Federal
implementation plan (FIP) at 40 CFR 52.28 as it pertains to California,
to provide that this FIP does not apply to sources subject to review
under the District's SIP-approved NNSR program. As described in more
detail in the TSD for this action, the EPA has previously found
Subsection (e)(3) of District Rule 20.3 acceptable to meet the
visibility provisions for sources subject to the NNSR program at 40 CFR
51.307.\4\
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\4\ See TSD for 2018 NSR Action at 28.
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We will accept comments from the public on this proposal until June
13, 2022. If finalized, this action would incorporate the submitted
rules into the SIP and our action would be codified through revisions
to 40 CFR 52.220, ``Identification of plan--in part.''
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the SDAPCD 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).
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IV. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 Clean Air Act; and
<bullet> Does not provide the 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, 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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-09741 Filed 5-11-22; 8:45 am]
BILLING CODE 6560-50-P
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