Rule2023-12632
Air Plan Revisions; California; Mojave Desert Air Quality Management District; Oxides of Nitrogen
Primary source
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Published
June 16, 2023
Effective
July 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval a revision to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from industrial, institutional, and commercial boilers, steam generators, and process heaters. We are finalizing a limited approval of a local rule that regulates these emission sources under the authority of the Clean Air Act (CAA or the Act), because the rule would strengthen the current SIP-approved version of MDAQMD's rule for boilers and process heaters. We are finalizing a limited disapproval of this revision because it is inconsistent with the EPA's startup, shutdown, and malfunction (SSM) policy and Credible Evidence Rules.
Full Text
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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39366-39368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12632]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0087; FRL-10672-02-R9]
Air Plan Revisions; California; Mojave Desert Air Quality
Management District; Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval a revision to the Mojave
Desert Air Quality Management District (MDAQMD) portion of the
California State Implementation Plan (SIP). This revision concerns
emissions of oxides of nitrogen (NO<INF>X</INF>) from industrial,
institutional, and commercial boilers, steam generators, and process
heaters. We are finalizing a limited approval of a local rule that
regulates these emission sources under the authority of the Clean Air
Act (CAA or the Act), because the rule would strengthen the current
SIP-approved version of MDAQMD's rule for boilers and process heaters.
We are finalizing a limited disapproval of this revision because it is
inconsistent with the EPA's startup, shutdown, and malfunction (SSM)
policy and Credible Evidence Rules.
DATES: This rule is effective July 17, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2023-0087. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or
by email at <a href="/cdn-cgi/l/email-protection#711407101f02191e010114035f1d101a141f0810311401105f161e07"><span class="__cf_email__" data-cfemail="dfbaa9beb1acb7b0afafbaadf1b3beb4bab1a6be9fbaafbef1b8b0a9">[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 March 27, 2023 (88 FR 18106), the EPA proposed a limited
approval and limited disapproval of the following rule that was
submitted for incorporation into the California SIP.
[[Page 39367]]
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Local agency Rule No. Rule title Amended Submitted
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MDAQMD.............................. 1157 Boilers and Process 01/22/18 05/23/18
Heaters.
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We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
it contains a rule provision that is not consistent with the
requirements of section 110 and part D of the Act. Specifically,
section (E)(1)(b)(iii) is not consistent with EPA's SSM policy and
Credible Evidence Rule in. Our proposed action contains more
information on the basis for this 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 one anonymous comment. The full text of
this comment is available in the docket for this rulemaking. The
comment was broadly supportive of the rule as a tool to address air
pollution, particularly NO<INF>X</INF> emissions, and human health. The
commenter indicated that they believed the rule would be successful at
regulating clean air, once the rule deficiencies are corrected. After
reviewing this comment, the EPA has determined that the comment is
supportive of our proposed action and does not raise issues that change
our assessment of MDAQMD Rule 1157.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. 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 action incorporates the
submitted rule into the California SIP, including those provisions
identified as deficient. As authorized under sections 110(k)(3) and
301(a), the EPA is simultaneously finalizing a limited disapproval of
the rule.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months.
In addition, the offset sanction in CAA section 179(b)(2) will be
imposed 18 months after the effective date 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 deadline.
Note that the submitted rule has been adopted by the MDAQMD, and
the EPA's final limited disapproval does not prevent the local agency
from enforcing it. The limited disapproval also does not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: <a href="https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf</a>.
The EPA is also removing the previous conditional approval of the
major NO<INF>X</INF> RACT element associated with Rule 1157 based on
the finding that the District has met its commitment and submitted a
rule that addressed all deficiencies identified in our February 12,
2018 conditional approval (83 FR 5921).
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 the
Mojave Desert Air Quality Management District Rule 1157, Boilers and
Process Heaters, amended on January 22, 2018, which regulates
NO<INF>X</INF> and CO emissions from industrial, institutional, and
commercial boilers, steam generators, and process heaters. 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 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
[[Page 39368]]
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 MDAQMD Rule 1157 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. 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.
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 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 August 15, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements.
Dated: June 7, 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)(248)(i)(D)(2)
and(c)(518)(i)(A)(10) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(248) * * *
(i) * * *
(D) * * *
(2) Previously approved on April 20, 1999, in paragraph
(c)(248)(i)(D)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(10): Rule 1157, amended May 19, 1997.
* * * * *
(518) * * *
(i) * * *
(A) * * *
(10) Rule 1157, ``Boilers and Process Heaters,'' amended on January
22, 2018.
* * * * *
Sec. 52.248 Identification of plan--conditional approval.
0
3. Section 52.248 is amended by removing and reserving paragraph
(d)(1)(vii).
[FR Doc. 2023-12632 Filed 6-15-23; 8:45 am]
BILLING CODE 6560-50-P
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