Rule2023-11850
Air Plan Limited Approval and Limited Disapproval; California; Eastern Kern Air Pollution Control 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
June 5, 2023
Effective
July 5, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the Eastern Kern Air Pollution Control District (EKAPCD or "District") portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from Portland Cement Kilns. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies. We are finalizing a limited approval of a local rule that regulates these emission sources because the rule would strengthen the current SIP-approved version of EKAPCD's Portland cement kiln rule. We are finalizing a limited disapproval of this revision due to the presence of exemptions for periods of startup, shutdown, and malfunction (breakdown), which are inconsistent with CAA requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36479-36481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11850]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0059; FRL-10645-02-R9]
Air Plan Limited Approval and Limited Disapproval; California;
Eastern Kern Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the Eastern
Kern Air Pollution Control District (EKAPCD or ``District'') portion of
the California State Implementation Plan (SIP). This revision concerns
emissions of oxides of nitrogen (NO<INF>X</INF>) from Portland Cement
Kilns. Under the authority of the Clean Air Act (CAA or the Act), this
action simultaneously approves a local rule that regulates these
emission sources and directs California to correct rule deficiencies.
We are finalizing a limited approval of a local rule that regulates
these emission sources because the rule would strengthen the current
SIP-approved version of EKAPCD's Portland cement kiln rule. We are
finalizing a limited disapproval of this revision due to the presence
of exemptions for periods of startup, shutdown, and malfunction
(breakdown), which are inconsistent with CAA requirements.
DATES: This rule is effective July 5, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2023-0059. 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 a
disability 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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 or by
email at <a href="/cdn-cgi/l/email-protection#14737b66707b7a3a71787d7e757c547164753a737b62"><span class="__cf_email__" data-cfemail="c3a4acb1a7acadeda6afaaa9a2ab83a6b3a2eda4acb5">[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 February 15, 2023 (88 FR 9816), the EPA proposed a limited
approval and limited disapproval of the following rule that was
submitted for incorporation into the California SIP.
[[Page 36480]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD........................... Rule 425.3......... Portland Cement Kilns 03/08/2018 08/22/2018
(Oxides of Nitrogen).
----------------------------------------------------------------------------------------------------------------
As mentioned in our proposed action, submitted Rule 425.3
establishes more stringent emission limits for NO<INF>X</INF> than the
previously SIP-approved version and strengthens monitoring,
recordkeeping, and reporting requirements. As a result, we proposed a
limited approval because we determined that this rule strengthens the
SIP and is largely consistent with relevant CAA requirements. However,
we simultaneously proposed a limited disapproval because some rule
provisions conflict with section 110 and part D of title I of the Act.
These provisions include the following:
1. Section (IV)(A) of the rule contains an exemption to an
otherwise applicable emission limitation for periods of startup and
shutdown, stating that ``the requirements of Section V of this Rule
shall not apply [. . .] to startup and shutdown as defined'' in
Sections (III)(J) and (III)(K). An emission limitation or requirement
that exempts a period of source operation, such as startup or shutdown,
cannot be considered continuous and is not consistent with CAA
requirements. Although the rule revision contains individual startup
(48 hours) and shutdown (36 hours) time limits in Sections (III)(J) and
(III)(K), along with SSM recordkeeping requirements in Section
(VI)(B)(4), these provisions are not sufficient to establish an
emission limit that could be considered adequate for CAA purposes.
Elimination of the existing startup and shutdown exemption to address
the concerns raised in the EPA's evaluation is necessary for full
approval of the rule into the SIP.
2. Section (IV)(B) contains an exemption during breakdown
conditions from the emission limit, emission monitoring, and production
monitoring requirements found in Section (V). Similar to the first
deficiency noted above, an emission limitation or requirement that
exempts a period of source operation cannot be considered adequate for
CAA purposes. Removal of this exemption for breakdown conditions is
necessary for full approval of the rule into the SIP.
Our proposed action and Technical Support Document contain more
information on the basis for this final rulemaking and on our
evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited
approval of the submitted rule. This final action incorporates the
submitted rule into the California SIP, including those provisions
identified as deficient. As authorized under section 110(k)(3) and
301(a), the EPA is simultaneously finalizing a limited disapproval of
the rule.
As a result of our 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
identified above within 24 months. In addition, the offset sanction in
CAA section 179(b)(2) will be imposed 18 months from 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
deadlines.
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 EKAPCD
Rule 425.3, ``Portland Cement Kilns (Oxides of Nitrogen),'' amended on
March 8, 2018, which regulates NO<INF>X</INF> emissions from the
operation of cement kilns, as described in Sections I and III. 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="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 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
[[Page 36481]]
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
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) 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.''
Under the CAA, 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 review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action is finalizing a limited approval and
limited disapproval of state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law.
The State 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. EPA did
not perform an EJ analysis and did not consider EJ in this action.
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.
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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 4, 2023. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements.
Dated: May 26, 2023.
Martha Guzman Aceves,
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)(202)(i)(B)(3) and
(c)(520)(i)(B)(2) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(202) * * *
(i) * * *
(B) * * *
(3) Previously approved on July 20, 1999, in paragraph
(c)(202)(i)(B)(1) of this section and now deleted with replacement in
(c)(520)(i)(B)(2): Rule 425.3, adopted on October 13, 1994.
* * * * *
(520) * * *
(i) * * *
(B) * * *
(2) Rule 425.3, ``Portland Cement Kilns (Oxides of Nitrogen),''
amended on March 8, 2018.
* * * * *
[FR Doc. 2023-11850 Filed 6-2-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.