Proposed Rule2023-15346
Air Plan Revisions; California; Placer County Air Pollution Control District; General Permit Requirements, New Source Review
Primary source
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Published
July 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing action on two permitting rules submitted as a revision to the Placer County Air Pollution Control District (PCAPCD or "District") portion of the California State Implementation Plan (SIP). We are proposing an approval of one rule and proposing a limited approval and limited disapproval of the second rule. These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under title I of the Clean Air Act (CAA). This action updates the District's applicable SIP with revised rules that the District has amended to address deficiencies identified in a previous limited approval and limited disapproval action, as well as other updates related to NSR requirements. 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 140 (Monday, July 24, 2023)</title>
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[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47409-47413]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15346]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0933; FRL-11004-01-R9]
Air Plan Revisions; California; Placer County Air Pollution
Control District; General Permit Requirements, New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on two permitting rules submitted as a revision to the Placer County
Air Pollution Control District (PCAPCD or ``District'') portion of the
California State Implementation Plan (SIP). We are proposing an
approval of one rule and proposing a limited approval and limited
disapproval of the second rule. These revisions concern the District's
New Source Review (NSR) permitting program for new and modified sources
of air pollution under title I of the Clean Air Act (CAA). This action
updates the District's applicable SIP with revised rules that the
District has amended to address deficiencies identified in a previous
limited approval and limited disapproval action, as well as other
updates related to NSR requirements. We are taking comments on this
proposal and plan to follow with a final action.
DATES: Comments must be received by August 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0933 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 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://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 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: Po-Chieh Ting, EPA Region IX, Air-3-1,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3191 or
by email at <a href="/cdn-cgi/l/email-protection#4e3a272029603e212d26272b260e2b3e2f60292138"><span class="__cf_email__" data-cfemail="0b7f62656c257b646863626e634b6e7b6a256c647d">[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 rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted rules?
B. Do the rules meet the evaluation criteria?
C. What are the rule deficiencies?
D. EPA Recommendations To Further Improve the Rule
E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal, including the
dates on which they were adopted by the District and the date on which
they were submitted to the EPA by the California Air Resources Board
(CARB), which is the governor's designee for California SIP submittals.
Table 1--Submitted Rules
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Rule No. Rule title Adopted date Submitted date
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501........................................... General Permit Requirements..... 04/08/2021 10/06/2021
502........................................... New Source Review............... 08/12/2021 10/06/2021
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[[Page 47410]]
On April 6, 2022, the submittal for Rules 501 and 502 was deemed
complete by operation of law.
B. Are there other versions of these rules?
The SIP-approved versions of Rules 501 and 502 are identified in
Table 2.
Table 2--SIP Approved Rules
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SIP approval Federal Register
Rule No. Rule title date citation
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501......................................... General Permit Requirements.... 04/20/2020 85 FR 21777
502......................................... New Source Review.............. 09/29/2014 79 FR 58263
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If the EPA finalizes the actions proposed herein, these rules will
be replaced in the SIP by the submitted rules listed in Table 1.
Additionally, as described below, the EPA's final approval of Rule 501
will resolve our limited disapproval of Rule 501 from our 2020
rulemaking action.\1\
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\1\ 85 FR 21777 (April 20, 2020).
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C. What is the purpose of the submitted rule revisions?
The submitted rules constitute part of the District's current
program for preconstruction review and permitting of new or modified
stationary sources under its jurisdiction. The rule revisions that are
the subject of this action represent an update to the District's
preconstruction review and permitting program and are intended to
satisfy the 2015 ozone NAAQS NSR program requirements under part D of
title I of the Act (``nonattainment NSR'' or ``NNSR''), the general
preconstruction review requirements under section 110(a)(2)(C) of the
Act (``minor NSR''), and related EPA regulations.
Minor NSR requirements are generally applicable to permitted
sources, wherever located, while NNSR requirements apply only within
areas designated as nonattainment for one or more NAAQS. A portion of
Placer County is within the Sacramento Metro, CA ozone nonattainment
area, which is classified as ``Severe'' for the 2008 ozone NAAQS and as
Serious for the 2015 ozone NAAQS.\2\ A portion of Placer County is also
within the Sacramento nonattainment area for the 2006 fine particle
(PM<INF>2.5</INF>) NAAQS with a Moderate classification.\3\ The
remaining areas within Placer County are designated attainment or
unclassifiable for all other NAAQS. Therefore, in addition to being
subject to the requirements for minor NSR at section 110(a)(2)(C) of
the Act, the District is required to adopt and implement a SIP-approved
NNSR permitting program that applies to new or modified major
stationary sources of ozone precursors, PM<INF>2.5</INF>, and
PM<INF>2.5</INF> precursors within the corresponding portions of the
Placer County designated nonattainment under part D of title I of the
Act.
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\2\ 77 FR 30087 (May 21, 2012); 86 FR 59648 (October 28, 2021).
Sacramento Metro is also classified as Severe nonattainment for the
revoked 1979 and 1997 ozone NAAQS. See 60 FR 20237 (April 25, 1995);
75 FR 24409 (May 5, 2010).
\3\ 74 FR 58687 (November 13, 2009); 79 FR 31566 (June 2, 2014).
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Rule 501 and Rule 502 provide requirements and procedures for
review of new stationary sources of air pollution and modification and
operation of existing stationary sources of air pollution, through the
issuance of permits under the minor NSR and NNSR programs.
Additionally, the submitted rules address each of the four deficiencies
identified in the EPA's 2020 limited disapproval of the previous
submitted version of Rule 501.\4\ Specifically, the revisions to Rule
501 address our findings that the previous Rule 501: (1) did not fully
satisfy the requirements at 40 CFR 51.160(b) regarding a permitting
agency's authority to deny a permit if a proposed project will cause a
violation of the SIP or interfere with attainment or maintenance of a
NAAQS; (2) did not fully satisfy requirements at 40 CFR 51.164 relating
to stack height procedures; and (3) relied on definitions in Rule 504,
``Emission Reduction Credits,'' which is not SIP-approved. The
submitted Rule 502 addresses our finding that the previous Rule 501 did
not fully satisfy the public notice requirements at 40 CFR 51.161 for
new or modified emissions units located in the Lake Tahoe Air Basin
portion of Placer County.
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\4\ 85 FR 21777 (April 20, 2020).
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The District has also further amended Rule 502 to ensure compliance
with NNSR permitting program requirements and recent federal court
rulings that have become effective since Rule 502 was last approved
into the SIP in 2014, as well as additional amendments not specifically
required for approval into the SIP, but which provide streamlining and
clarifying revisions. The District also added provisions to Rule 502 to
implement the visibility protection provisions in CAA section 169A and
40 CFR 51.307(b).\5\
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\5\ Such sources are required to perform a visibility impact
analysis consistent with the provisions of 40 CFR 51.307(a) and 40
CFR 51.166(o), (p)(1) through (2) and (q). See 40 CFR 51.307(c). 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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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted rules?
The EPA reviewed the submitted rules for compliance with CAA
requirements for: (1) stationary source preconstruction permitting
programs as set forth in CAA part D, including sections 110(a)(2)(C),
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 a
Severe ozone and Moderate PM<INF>2.5</INF> nonattainment area (the
area's highest applicable classifications); (3) the review of new major
stationary sources or major modifications located in a designated
nonattainment area that may have an impact on visibility in any
Mandatory Class I Federal area, in accordance with CAA section 169A and
40 CFR 51.307; (4) SIPs in general as set forth in CAA sections
110(a)(2), including 110(a)(2)(A); \6\ and (5) SIP revisions as set
forth in CAA section 110(l) \7\ and 193.\8\ For Rule 501, which was the
subject of our 2020 limited approval/limited disapproval, we have
[[Page 47411]]
focused on our analysis on revisions made in the most recent submittal.
We reviewed both rules to determine whether they address the
deficiencies identified in our 2020 limited disapproval of Rule 501.
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\6\ CAA section 110(a)(2)(A) requires that regulations submitted
to the EPA for SIP approval be clear and legally enforceable.
\7\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by States to the EPA and prohibits the 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.
\8\ 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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B. Do the rules meet the evaluation criteria?
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
October 6, 2021 submittal of Rules 501 and 502, 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 the
rules 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 the rules in accordance with the applicable CAA
statutory and regulatory requirements for NNSR permit programs under
part D of title I of the Act based on the area's Severe ozone and
Moderate PM<INF>2.5</INF> classifications.\9\ Except for the
deficiencies discussed in Section II.C. of this preamble, we find that
Rule 502 satisfies these requirements. We have also determined that
Rule 502 satisfies the related visibility requirements in 40 CFR
51.307. In addition, we have determined that Rules 501 and 502 satisfy
the requirement in CAA section 110(a)(2)(A) that regulations submitted
to the EPA for SIP approval be clear and legally enforceable.
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\9\ An NNSR program that satisfies the requirements of the Act
and the EPA's regulations for Severe ozone nonattainment areas also
satisfies the NNSR program requirements for lower classifications,
including the NNSR program requirements applicable to the District
based on its Serious classification for the 2015 ozone NAAQS.
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With respect to correcting the deficiencies in our 2020 limited
disapproval of Rule 501, we find that submitted Rules 501 and 502
address these deficiencies and satisfy all minor NSR program
requirements.
Additionally, we have concluded that our action would comply with
CAA section 110(l) because our approval of Rule 501 and limited
approval of Rule 502 will not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other CAA
applicable requirement. Similarly, we find that our action is
consistent with the requirements of CAA section 193 because our
approval of Rule 501 and limited approval of Rule 502 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.
For more information about how the rules and our proposed approval
satisfy the applicable requirements, please see the technical support
document (TSD) found in the docket for this action.
C. What are the rule deficiencies?
The EPA identified five deficiencies in Rule 502. These
deficiencies relate to the requirements of CAA sections 173(a), 173,
182(c), and 302(z), and 40 CFR 51.165(a), as summarized below:
1. Rule 502 does not contain provisions to restrict permitting when
the EPA finds the SIP is not being adequately implemented in the area,
as required under CAA section 173(a)(4).
2. The definition of the term ``Major Modification'' in Section 231
of the rule does not correctly apply the CAA section 182(c)(6)
requirements regarding aggregation of net emission increases and
incorrectly specifies use of potential to emit as the basis for
calculating emission increases.
3. The rule does not contain the definition of ``Federal Land
Manager'' from 40 CFR 51.165(a)(1)(xlii).
4. The definition of the term ``Major Stationary Source--Sacramento
Air Basin'' in Section 229 of the rule does not specify a major source
threshold for ammonia, which is a PM<INF>2.5</INF> precursor, as
required by 40 CFR 51.165(a)(13). Similarly, the definition of the term
``Major Modification'' in Section 231 of the rule is deficient because
it relies on the section 229 definition.
5. The definition of ``Sacramento Valley Air Basin'' in Section 251
does not include a small area that is included in the federal
definition of the Sacramento PM<INF>2.5</INF> nonattainment area.
Therefore, the rule is deficient because it does not apply the
PM<INF>2.5</INF> NNSR program requirements to this area, as required
under CAA section 173.
Our TSD contains a more detailed discussion of our analysis of Rule
502 and an explanation for each deficiency.
D. EPA Recommendations To Further Improve the Rule
The TSD also includes recommendations for additional clarifying
revisions for the District to consider when it next revises Rule 502.
E. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA is proposing
a full approval of Rule 501 because it corrects the previously
identified deficiencies and continues to satisfy the applicable
administrative statutory and regulatory provisions governing regulation
of stationary sources under CAA section 110(a)(2)(C).
Additionally, as authorized in sections 110(k)(3) and 301(a) of the
Act, the EPA is proposing a limited approval and limited disapproval of
Rule 502 because it fulfills most of the relevant CAA requirements, and
strengthens the SIP, but also contains five deficiencies. We have
concluded that our limited approval of the submitted rule would comply
with the relevant CAA requirements, including provisions of CAA
sections 110(a)(2)(C), 110(l), 172(c)(5), 173, 182, 189, and 193, and
40 CFR 51.160-51.165 and 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).
This action would incorporate the submitted rules into the SIP,
including those provisions identified as deficient. This approval is
limited because the EPA is simultaneously proposing a limited
disapproval of the rule under CAA sections 110(k)(3) and 301(a). 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.
If finalized as proposed, our limited disapproval action would
trigger an obligation on the EPA to promulgate a FIP unless the State
corrects the deficiencies, and the EPA approves the related plan
revisions, within two years of the final action. Additionally, because
the deficiencies relate to NNSR requirements under part D of title I of
the Act, the offset sanction in CAA section 179(b)(2) would apply in
the designated ozone and PM<INF>2.5</INF> nonattainment areas in Placer
County 18 months after the effective date of a final limited
disapproval, and the highway funding sanctions in CAA section 179(b)(1)
would apply in the areas six months after the offset sanction is
imposed. Section 179 sanctions will not be imposed under the CAA if the
State submits, and we approve, prior to the implementation of the
sanctions, a SIP revision that corrects the deficiencies
[[Page 47412]]
that we identify in our final action. The EPA intends to work with the
District to correct the deficiencies in a timely manner.
We will accept comments from the public on this proposal until
August 23, 2023.
III. 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 rules listed in Table 1 of this preamble, which implement
the District's NSR permitting program for new and modified sources of
air pollution and further described in Sections I and II of this
preamble. The EPA has made, and will continue to make, these materials
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).
IV. Statutory and Executive Order Reviews
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 proposed action proposes 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.
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 the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it merely proposes a limited
approval and limited disapproval of State law as meeting federal
requirements. Furthermore, the EPA's Policy on Children's Health does
not apply to this action.
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 Population
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.
The 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.'' The 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 State did not evaluate EJ 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
this action, it 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
[[Page 47413]]
people of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 13, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-15346 Filed 7-21-23; 8:45 am]
BILLING CODE 6560-50-P
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