Proposed Rule2022-13045
Air Plan Disapproval; California; Antelope Valley Air Quality Management District and Mojave Desert Air Quality Management District
Primary source
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Published
June 17, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to disapprove revisions to the Antelope Valley Air Quality Management District (AVAQMD) and the Mojave Desert Air Quality Management District (MDAQMD) portions of the California State Implementation Plan (SIP) concerning rules submitted to address section 185 of the Clean Air Act (CAA or the Act) with respect to the 1-hour ozone standard. We are proposing action on these local rules that were submitted as equivalent alternatives to a statutory section 185 program. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36433-36436]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13045]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-EPA-R09-OAR-2022-0480; FRL-9873-01-R9]
Air Plan Disapproval; California; Antelope Valley Air Quality
Management District and Mojave Desert Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
disapprove revisions to the Antelope Valley Air Quality Management
District (AVAQMD) and the Mojave Desert Air Quality Management District
(MDAQMD) portions of the California State Implementation Plan (SIP)
concerning rules submitted to address section 185 of the Clean Air Act
(CAA or the Act) with respect to the 1-hour ozone standard. We are
proposing action on these local rules that were submitted as equivalent
alternatives to a statutory section 185 program. We are taking comments
on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before July 18, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0480 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 to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia 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
[[Page 36434]]
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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at <a href="/cdn-cgi/l/email-protection#fa89929f88979b94d49e959494938b8f9fba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="4b38232e39262a25652f242525223a3e2e0b2e3b2a652c243d">[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 rules?
II. EPA's Evaluation and Action
A. How is the EPA evaluating these rules?
B. Do these rules meet the evaluation criteria?
C. What are the rule deficiencies?
D. EPA Recommendations To Further Improve These Rules
E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules proposed for disapproval with the dates
that they were adopted by the local agencies and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Local Agency Rule No. Rule title Amended Submitted
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AVAQMD................................ 315 Federal Clean Air Act 10/18/11 12/14/11
Section 185 Penalty.
MDAQMD................................ 315 Federal Clean Air Act 10/14/11 12/14/11
Section 185 Penalty.
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On June 14, 2012, the submittals for AVAQMD Rule 315 and MDAQMD
Rule 315 were deemed by operation of law to meet 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?
There are no previous versions of AVAQMD Rule 315 in the SIP,
although the AVAQMD adopted an earlier version of this rule on February
15, 2011, and CARB submitted it to us on April 22, 2011. We consider
this earlier submittal to have been superseded by the December 14, 2011
submittal. While we can act on only the most recently submitted
version, we have also reviewed materials provided with previous
submittals.
There are no previous versions of MDAQMD Rule 315 in the SIP,
although the MDAQMD adopted an earlier version of this rule on February
28, 2011, and CARB submitted it to us on April 22, 2011. We consider
this earlier submittal to have been superseded by the December 14, 2011
submittal. While we can act on only the most recently submitted
version, we have also reviewed materials provided with previous
submittals.
C. What is the purpose of the submitted rules?
Under sections 182(d)(3), (e), (f) and 185 of the Act, states with
ozone nonattainment areas classified as Severe or Extreme are required
to submit a SIP revision that requires major stationary sources of
volatile organic compounds (VOC) or oxides of nitrogen (NO<INF>X</INF>)
emissions in the area to pay a fee if the area fails to attain the
standard by the attainment date. The required SIP revision must provide
for annual payment of the fees, computed in accordance with CAA section
185(b).
The purpose of AVAQMD Rule 315 and MDAQMD Rule 315 is to satisfy
the requirements of sections 182 and 185 of the Act by utilizing an
equivalency approach consistent with the principles of section 172(e)
of the Act. Under these rules, AVAQMD and MDAQMD will track, calculate,
analyze, and report on expenditures designed to result in VOC or
NO<INF>X</INF> reductions within the Districts, to implement an
alternative program that is not less stringent than a statutory CAA
section 185 fee program. The rules include calculation of the CAA
section 185 fee obligation, establishment of a CAA section 185
equivalency ``Tracking Account,'' an annual demonstration of
equivalency, reporting to CARB and the EPA, and a provision requiring
major sources to pay fees directly in the event the area fails to
establish equivalency. The ``Tracking Account'' would include funds
from qualified programs that are surplus to the 1-hour ozone SIP and
designed to result in direct reductions or facilitate future reductions
of VOC or NO<INF>X</INF> emissions, as approved by the EPA.
II. EPA's Evaluation and Action
A. How is the EPA evaluating these rules?
SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). The EPA is also evaluating these
rules for consistency with the statutory requirements of CAA section
185. Equivalent alternative programs designed to meet the CAA section
185 obligation for the 1-hour ozone national ambient air quality
standard (NAAQS) must be consistent with the principles of CAA section
172(e) and must be ``not less stringent'' than the statutory section
185 program.
Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Do these rules meet the evaluation criteria?
AVAQMD Rule 315 and MDAQMD Rule 315 implement a fee equivalency
approach consistent with the principles of CAA section 172(e).\1\ The
rules are
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largely consistent with general CAA requirements regarding SIP
submissions. However, the EPA proposes to disapprove the rules because
they contain provisions that do not meet our evaluation criteria and
affect rule enforceability and stringency. These deficiencies are
summarized below and discussed further in the technical support
document (TSD) for these rules.
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\1\ We have previously set out the legal rationale for
equivalent alternative section 185 programs. See 76 FR 45212 (July
28, 2011), and 77 FR 1895 (January 12, 2012) and the accompanying
docket materials.
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C. What are the rule deficiencies?
These 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
submittal. We propose to disapprove the SIP revision based on the
following deficiencies:
1. AVAQMD Rule 315 refers to the term ``Major Facility'' as
defined in ``District Rule 1301.'' The current SIP-approved Rule
1301 for AVAQMD does not contain a definition of ``Major Facility.''
2. The Districts did not provide a justification for the method
chosen to calculate alternate baseline emissions for facilities with
emissions that are irregular, cyclical, or otherwise vary
significantly.
3. The rules establish an area-wide equivalency ``Tracking
Account.'' This system requires the cooperation and coordination of
three districts: AVAQMD, MDAQMD, and the South Coast Air Quality
Management District (SCAQMD). Each rule requires the respective Air
Pollution Control Officer (APCO) to request an accounting from other
Districts, but there is no requirement for the APCO to provide their
accounting to the other Districts. The rules assume accounting
across the three Districts with the same system in place. SCAQMD
does not have a rule that contains the same provisions. As a result,
the area-wide accounting system is not enforceable.
4. The formula for calculating the penalty fee needs correcting
to properly reflect the inflation adjustment based on the Consumer
Price Index.
The TSD for AVAQMD Rule 315 and MDAQMD Rule 315 contains further
discussion and analysis of these deficiencies.
D. EPA Recommendations To Further Improve These Rules
The TSD describes additional rule revisions that we recommend for
the next time the Districts modify these rules.
E. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, we are proposing
full disapproval of submitted AVAQMD Rule 315 and MDAQMD Rule 315. If
we finalize this disapproval, the final disapproval action would
trigger sanctions under CAA section 179(a)(2) and 40 CFR 52.31 unless
the EPA approves subsequent SIP revisions that correct the rule
deficiencies within 18 months of the effective date of the final
action. In addition to the sanctions, CAA section 110(c)(1) provides
that the EPA must promulgate a federal implementation plan (FIP)
addressing any disapproved elements of the plan within two years after
the effective date of the disapproval unless the State submits, and the
EPA approves, the required SIP submittal. As a result of the EPA's
January 5, 2010 determination that California had failed to submit the
required CAA section 185 fee programs for the 1-hour ozone NAAQS for
certain nonattainment areas (75 FR 232), the EPA is already subject to
a statutory deadline to promulgate a FIP for this purpose.
We will accept comments from the public on the proposed disapproval
for the next 30 days.
III. 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>.
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 proposed SIP disapproval, if finalized, will not
in-and-of itself create any new information collection burdens, but
will simply disapprove certain state requirements for inclusion in the
SIP.
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. This
proposed SIP disapproval, if finalized, will not in-and-of itself
create any new requirements but will simply disapprove certain state
requirements for inclusion in the SIP.
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 proposes to disapprove pre-existing
requirements under state or local law, and imposes no new requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, 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 revision that the EPA is
proposing to disapprove would not 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 this proposed SIP disapproval, if
finalized, will not in-and-of itself create any new regulations, but
will simply disapprove certain state requirements for inclusion in the
SIP.
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
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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 Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 12, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-13045 Filed 6-16-22; 8:45 am]
BILLING CODE 6560-50-P
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