Proposed Rule2023-06563
Air Quality Implementation Plan; CA; El Dorado County Air Quality Management District; Stationary Source Permits
Primary source
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Published
March 31, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD) portion of the California State Implementation Plan (SIP). In this action, we are proposing to approve a rule submitted by the EDCAQMD governing the issuance of permits for stationary sources, focusing 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"). 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 88 Issue 62 (Friday, March 31, 2023)</title>
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Proposed Rules]
[Pages 19233-19236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06563]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0910; FRL-10564-01-R9]
Air Quality Implementation Plan; CA; El Dorado County Air Quality
Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the El Dorado County Air Quality Management
District (EDCAQMD) portion of the California State Implementation Plan
(SIP). In this action, we are proposing to approve a rule submitted by
the EDCAQMD governing the issuance of permits for stationary sources,
focusing 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''). We are taking comments on this proposal and plan
to follow with a final action.
DATES: Comments must be received on or before May 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0910 at <a href="https://www.regulations.gov">https://www.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 the disclosure of which 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 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://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.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: Camille Cassar, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415)-947-4164; or by
email to <a href="/cdn-cgi/l/email-protection#d6b5b7a5a5b7a4f8b5b7bbbfbabab396b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="583b392b2b392a763b39353134343d183d2839763f372e">[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 rule did the State submit?
B. Is there any other version of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation
A. What is the background for this action?
B. How is the EPA evaluating this rule?
C. Does this rule meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal, including the
date on which it was adopted by the District and the date on which it
was submitted to the EPA by the California Air Resources Board (CARB or
``the State'').
Table 1--Submitted Rule
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Rule No. Rule title Adopted Submitted
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Rule 523-1.................. Federal Non-Attainment New December 7, 2021........ March 9, 2022.
Source Review.
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[[Page 19234]]
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 areas designated nonattainment for the ozone and/or
PM<INF>2.5</INF> NAAQS.
On September 9, 2022, the submittal for Rule 523-1 was 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.\1\
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\1\ The submittal was transmitted to the EPA via a letter from
CARB dated March 9, 2022.
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B. Is there any other version of this rule?
There is no previous version of Rule 523-1 in the California SIP.
There are other New Source Review (NSR) rules in the California SIP
that apply to the sources to which Rule 523-1 also applies, including
Rule 523, ``New Source Review,'' which was adopted by the District on
April 26, 1994. Rule 523-1 is intended to satisfy current federal NNSR
requirements applicable to ozone and PM<INF>2.5</INF>, as well as
related visibility program requirements. Other existing SIP-approved
NSR rules such as the SIP-approved version of Rule 523 will also remain
in the SIP to continue to impose certain requirements for stationary
sources that are beyond the scope of Rule 523-1. Rule 523-1 provides
that for purposes of its implementation and enforcement, its provisions
take precedence over the provisions and requirements in other District
rules and regulations (see Rule 523-1, Section 1.1, paragraph (a)).
C. What is the purpose of the submitted rule?
Rule 523-1 is intended to address the CAA's statutory and
regulatory requirements for NNSR permit programs for major sources
emitting nonattainment air pollutants and their precursors located in
the areas within the District that are designated nonattainment for one
or more National Ambient Air Quality Standards (NAAQS).
II. The EPA's Evaluation
A. What is the background for this action?
Because parts of El Dorado County are designated as federal ozone
and PM<INF>2.5</INF> nonattainment areas, the CAA requires the District
to have a SIP-approved NNSR program for new and modified major sources
located in the ozone and PM<INF>2.5</INF> nonattainment areas that are
under its jurisdiction. Most recently, the designation of parts of El
Dorado County as a federal ozone nonattainment area for the 2008 and
2015 ozone NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS, triggered the
requirement for the District to develop and submit an updated NNSR
program to the EPA for SIP approval.
The District's NNSR program must address NNSR requirements for the
1979, 1997, 2008, and the 2015 ozone NAAQS, as well as the 2006
PM<INF>2.5</INF> NAAQS.\2\
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\2\ The relevant nonattainment designation and classification
history for the ozone and PM<INF>2.5</INF> NAAQS for El Dorado
County is provided in our Technical Support Document (TSD) for this
action, which can be found in the docket for this rule. Information
regarding the District's attainment/nonattainment status for other
criteria pollutants is also included in our TSD.
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The District's NNSR program must meet the NNSR requirements for
areas classified as Severe nonattainment. The ozone nonattainment area
within the District is currently classified as Severe nonattainment for
the 2008 ozone NAAQS and as Serious nonattainment for the 2015 ozone
NAAQS. In addition, although the EPA revoked the 1979 ozone NAAQS in El
Dorado County effective June 15, 2005,\3\ and revoked the 1997 ozone
NAAQS effective April 6, 2015,\4\ the NNSR requirements applicable to
the nonattainment area in El Dorado County based on its designation and
classification as Severe for these revoked NAAQS remain in order to
prevent future emissions from new and modified major stationary sources
from increasing beyond the levels allowed, based on the area's prior
designation and classification for these NAAQS.\5\ Submission of an
NNSR program that satisfies the requirements of the Act and EPA's
regulations for Severe ozone nonattainment areas would also satisfy the
NNSR program requirements for Serious ozone nonattainment areas.\6\ The
District's NNSR program must also satisfy the NNSR requirements
applicable to Moderate PM<INF>2.5</INF> nonattainment areas.\7\
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\3\ See 70 FR 44470, 44475 (Aug. 3, 2005).
\4\ 80 FR 12264, 12265 (March 6, 2015).
\5\ The EPA determined in 2012 that the ozone nonattainment area
in El Dorado County had attained the 1979 ozone NAAQS, which
suspended the requirement to submit those SIP elements related to
attainment of these NAAQS for so long as the area continues to
attain, but did not suspend the requirement to submit an NNSR
program. 77 FR 64036 (Oct. 18, 2012); 40 CFR 51.1118.
\6\ The NNSR requirements applicable to Severe ozone
nonattainment areas include the same requirements that apply to
Serious ozone nonattainment areas, but Severe ozone nonattainment
areas are also subject to certain additional and more stringent
requirements. See generally CAA sections 182(c) and 182(d) and 40
CFR 51.165.
\7\ The EPA determined in 2017 that the PM<INF>2.5</INF>
nonattainment area in El Dorado County had attained the 2006 24-hr
PM<INF>2.5</INF> NAAQS by the applicable attainment date. 82 FR
21711, 21713 (May 10, 2017). The EPA's determination that the
PM<INF>2.5</INF> nonattainment area in El Dorado County had attained
the 2006 PM<INF>2.5</INF> NAAQS by the applicable attainment date
suspended the requirements to submit those SIP elements related to
attainment of these NAAQS for so long as the area continues to
attain, but did not suspend the requirement to submit an NNSR
program. 40 CFR 51.1015.
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We note that, in 2000, the EPA issued a limited approval and
limited disapproval of District Rule 523, adopted on April 26, 1994,
which was intended to address the then-applicable NNSR program
requirements, and which incorporated Rule 523 into the California
SIP.\8\ The District's current NNSR rule, Rule 523-1, which is the
subject of our current action, is intended to meet the currently
applicable NNSR program requirements for the District, which would also
resolve all the deficiencies with the District's NNSR program that
formed the basis for the EPA's limited disapproval in 2000 in its
action on Rule 523.
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\8\ (Feb. 2, 2000); see also 64 FR 53973 (Oct. 5, 1999) (notice
of proposed rulemaking).
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In addition, to implement CAA section 169A, 40 CFR 51.307(b)
requires that NNSR programs provide for review of any major stationary
source or major modification that may have an impact on visibility in
any mandatory Class I Federal area.\9\
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\9\ Such sources are required to perform a visibility impact
analysis consistent with the provisions of 40 CFR 51.307(a)-(c) and
40 CFR 51.166(o), (p)(1) through (2) and (q). 40 CFR 51.307(d) also
provides for states to require monitoring of visibility in any
Federal Class I area near the proposed new major stationary source
or major modification.
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B. How is the EPA evaluating this rule?
The EPA reviewed Rule 523-1 for compliance with CAA requirements
for: (1) stationary source preconstruction permitting programs as set
forth in CAA part D, including CAA sections 172(c)(5), 173, 182, and
189; (2) the review and modification of major sources in accordance
with 40 CFR 51.160-51.165 as applicable in Severe ozone nonattainment
areas as well as Moderate PM<INF>2.5</INF> nonattainment areas; (3) the
review of new major stationary sources or major modifications in a
designated nonattainment area that may
[[Page 19235]]
have an impact on visibility in any mandatory Class I Federal area in
accordance with 40 CFR 51.307; (4) SIPs in general as set forth in CAA
sections 110(a)(2), including 110(a)(2)(A) and 110(a)(2)(E)(i); \10\
and (5) SIP revisions as set forth in CAA section 110(l) \11\ and
193.\12\ Our review evaluated the submittal for compliance with the
NNSR requirements applicable to nonattainment areas classified as
Severe for ozone and Moderate for PM<INF>2.5</INF>, and ensured that
the submittal addressed the NNSR requirements both the 2008 and 2015
ozone NAAQS, as well as the 2006 PM<INF>2.5</INF> NAAQS. As part of our
analysis, we reviewed whether Rule 523-1 resolved all the deficiencies
with the District's NNSR program that formed the basis for the EPA's
limited disapproval in 2000 in its action on Rule 523.
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\10\ CAA section 110(a)(2)(A) requires that regulations
submitted to the EPA for SIP approval be clear and legally
enforceable, and CAA section 110(a)(2)(E)(i) requires that states
have adequate personnel, funding, and authority under state law to
carry out their proposed SIP revisions.
\11\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by states to EPA and prohibits EPA from approving any SIP revision
that would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.
\12\ CAA section 193 prohibits the modification of any 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 pollutants.
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C. Does this rule meet the evaluation criteria?
With respect to procedural requirements, CAA sections 110(a)(2) and
110(l) require that revisions to a SIP be adopted by the state after
reasonable notice and public hearing. Based on our review of the public
process documentation included in the March 9, 2022 submittal of Rule
523-1, we find that the District has provided sufficient evidence of
public notice, opportunity for comment and a public hearing prior to
adoption and submittal of this rule to the EPA.
With respect to the substantive requirements found in CAA sections
110(a)(2)(C), 172(c)(5), 173, 182, 189, and 40 CFR 51.160-51.165, we
have evaluated Rule 523-1 in accordance with the applicable CAA and
regulatory requirements that apply to NNSR permit programs under part D
of title I of the Act for all relevant ozone NAAQS as well as the 2006
PM<INF>2.5</INF> NAAQS. We find that Rule 523-1 satisfies these
requirements as they apply to sources subject to the NNSR permit
program requirements for ozone nonattainment areas classified as Severe
and PM<INF>2.5</INF> nonattainment areas classified as Moderate.
Further, we determined that Rule 523-1 resolved all the deficiencies
with the District's NNSR program that formed the basis for the EPA's
limited disapproval in 2000 in its action on Rule 523.
We have also determined that this rule satisfies the related
visibility requirements in 40 CFR 51.307. In addition, we have
determined that Rule 523-1 satisfies the requirement in CAA section
110(a)(2)(A) that regulations submitted to the EPA for SIP approval be
clear and legally enforceable and have determined that the submittals
demonstrate in accordance with CAA section 110(a)(2)(E)(i) that the
District has adequate personnel, funding, and authority under state law
to carry out this proposed SIP revision.
Regarding the additional substantive requirements of CAA sections
110(l) and 193, our action will result in a more stringent SIP, while
not relaxing any existing provision contained in the SIP. We have
concluded that our action would comply with section 110(l) because our
approval of Rule 523-1 will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other CAA applicable requirement. In addition, our approval of Rule
523-1 will not relax any pre-November 15, 1990 requirement in the SIP,
and therefore changes to the SIP resulting from this action ensure
greater or equivalent emission reductions of the nonattainment
pollutants and their precursors in the District; accordingly, we have
concluded that our action is consistent with the requirements of CAA
section 193.
Our TSD contains a more detailed discussion of our analysis of Rule
523-1.
III. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA is proposing
to approve the submitted rule because it fulfills all relevant CAA
requirements, and resolves all deficiencies with the District's NNSR
program that the EPA identified in our limited disapproval action in
2000. We have concluded that our approval of the submitted rule would
comply with the relevant provisions of CAA sections 110(a)(2), 110(l),
172(c)(5), 173, 182, 189 and 193, and 40 CFR 51.160-51.165 and 40 CFR
51.307. If we finalize this action as proposed, our action will be
codified through revisions to 40 CFR 52.220a (Identification of plan-in
part).
In conjunction with the EPA's SIP approval of the District's
visibility provisions for sources subject to the NNSR program as
meeting the relevant requirements of 40 CFR 51.307, this action would
also revise the regulatory provision 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.
We will accept comments from the public on this proposal until May
1, 2023.
IV. 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 rule listed in Table 1 of this preamble. The rule governs
the issuance of permits for stationary sources, focusing on the
preconstruction review and permitting of major sources and major
modifications under part D of title I of the CAA. The EPA has made, and
will continue to make, this document available electronically 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 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
[[Page 19236]]
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.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) (E.O. 12898) directs Federal agencies to identify and
address ``disproportionately high and adverse human health or
environmental effects'' of their actions on minority populations and
low-income populations to the greatest extent practicable and permitted
by law. EPA defines environmental justice (EJ) as ``the fair treatment
and meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06563 Filed 3-30-23; 8:45 am]
BILLING CODE 6560-50-P
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