Rule2023-02410
Air Quality Implementation Plan; California; Tuolumne County Air Pollution Control District; Stationary Source Permits
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
February 7, 2023
Effective
March 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a revision to the Tuolumne County Air Pollution Control District's (TCAPCD or "District") portion of the California State Implementation Plan (SIP). This revision governs the District's issuance of permits for stationary sources, and focuses on the preconstruction review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA or "the Act").
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7877-7879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02410]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0584; FRL-9939-02-R9]
Air Quality Implementation Plan; California; Tuolumne County Air
Pollution Control District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
revision to the Tuolumne County Air Pollution Control District's
(TCAPCD or ``District'') portion of the California State Implementation
Plan (SIP). This revision governs the District's issuance of permits
for stationary sources, and focuses on the preconstruction review and
permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA or ``the Act'').
DATES: This rule is effective March 9, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0584. 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. 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: Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415) 947-4174, or by
email to <a href="/cdn-cgi/l/email-protection#bedcdfcaddd6dbd2dadbcc90dfd3dcdbccfedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="3a585b4e59525f565e5f48145b57585f487a5f4a5b145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``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 July 14, 2022,\1\ the EPA proposed to approve the rule listed in
Table 1 into the California SIP.
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\1\ 87 FR 42132.
Table 1--Submitted Rule
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Local agency Rule No. Rule title Adopted Submitted
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TCAPCD............................. 429 Federal New Source Review...... 07/06/21 08/03/21
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[[Page 7878]]
For areas designated nonattainment for one or more National Ambient
Air Quality Standards (NAAQS), the applicable SIP must include
preconstruction review and permitting requirements for new or modified
major stationary sources of such nonattainment pollutant(s) under part
D of title I of the Act, commonly referred to as Nonattainment New
Source Review (NNSR). The rule listed in Table 1 contains the
District's NNSR permit program applicable to new and modified major
sources located in Tuolumne County. 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, no comments were submitted on our proposal.
III. EPA Action
No comments were submitted on our proposal. We continue to find
that Rule 429 satisfies the relevant requirements for a CAA NNSR
program for ozone, as well as the associated visibility requirements
for sources subject to review under such a program in accordance with
40 CFR 51.307. Therefore, as authorized in section 110(k)(3) of the
Act, the EPA is approving the submitted rule. This action incorporates
the submitted rule into the California SIP. In conjunction with the
EPA's SIP approval of the District's visibility program for sources
subject to the NNSR program, this action also revises the scope of the
visibility Federal Implementation Plan (FIP) at 40 CFR 52.28 in
California so that this FIP no longer applies to sources located in
Tuolumne County that are subject to the District's visibility program.
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 incorporating by reference Tuolumne County Air
Pollution Control District Rule 429 as described in Section I 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 in hard copy 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 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 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:
<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); and
<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.
The state did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 (59 FR
7629, February 16, 1994) of achieving environmental justice for people
of color, low-income populations, and indigenous peoples.
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 rule does 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 the rule 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 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 April 10, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 31, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended 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.
[[Page 7879]]
Subpart F--California
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2. Section 52.220 is amended by adding paragraph (c)(591) to read as
follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(591) The following new regulation was submitted on August 3, 2021
by the Governor's designee.
(i) Incorporation by reference. (A) Tuolumne County Air Pollution
Control District.
(1) Rule 429, Federal New Source Review, adopted on July 6, 2021.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
0
3. Section 52.281 is amended by adding paragraph (d)(8) to read as
follows:
Sec. 52.281 Visibility protection.
* * * * *
(d) * * *
(8) Tuolumne County Air Pollution Control District.
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[FR Doc. 2023-02410 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 7, 2023.
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