Proposed Rule2023-22372
Air Plan Revisions; California; Butte County Air Quality Management District; Nonattainment New Source Review Requirements for the 2015 8-Hour Ozone Standard
Primary source
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Published
October 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2015 8-hour ozone national ambient air quality standards (NAAQS or "standard"). This SIP revision addresses the Butte County Air Quality Management District ("District") portion of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or "Act") and its implementing regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 199 (Tuesday, October 17, 2023)</title>
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[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Proposed Rules]
[Pages 71518-71520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22372]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0422; FRL-11353-01-R9]
Air Plan Revisions; California; Butte County Air Quality
Management District; Nonattainment New Source Review Requirements for
the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of California addressing the nonattainment new source review
(NNSR) requirements for the 2015 8-hour ozone national ambient air
quality standards (NAAQS or ``standard''). This SIP revision addresses
the Butte County Air Quality Management District (``District'') portion
of the California SIP. This action is being taken pursuant to the Clean
Air Act (CAA or ``Act'') and its implementing regulations.
DATES: Comments must be received on or before November 16, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0422 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 whose
disclosure 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: Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR-3-2), San Francisco, CA 94105. By phone: (415)
947-4156 or by email at <a href="/cdn-cgi/l/email-protection#68030d040411461b0009000d0d1a0900280d1809460f071e"><span class="__cf_email__" data-cfemail="2e454b424257005d464f464b4b5c4f466e4b5e4f00494158">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Background and Purpose
II. The State's Submittal
A. What did the State submit?
B. What is the purpose of the submitted rule?
III. Analysis of Nonattainment New Source Review Requirements
IV. Proposed Action and Public Comment
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On October 26, 2015, the EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm).\1\ Upon promulgation of a new
or revised NAAQS, the CAA requires the EPA to designate as
nonattainment any area that is violating the NAAQS based on the three
most recent years of ambient air quality data. Butte County was
classified as a ``Marginal'' ozone nonattainment area.\2\
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\1\ 80 FR 65292 (October 26, 2015).
\2\ 83 FR 25776 (June 4, 2018).
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On December 6, 2018, the EPA issued a final rule entitled,
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements''
(``SIP Requirements Rule''), which establishes the requirements and
deadlines that state, tribal, and local air quality management agencies
must meet as they develop implementation plans for areas where ozone
concentrations exceed the 2015 ozone NAAQS.\3\ Based on the initial
nonattainment designation for the 2015 ozone standard, the District was
required to make a SIP revision addressing NNSR no later than August 3,
2021. See 40 CFR 51.1314. This requirement may be met by submitting a
SIP revision consisting of a new or revised NNSR permit program.
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\3\ 83 FR 62998 (December 6, 2018). The SIP Requirements Rule
addresses a range of nonattainment area SIP requirements for the
2015 ozone NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology, reasonably available control measures,
major new source review, emission inventories, and the timing of SIP
submissions and of compliance with emission control measures in the
SIP.
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II. The State's Submittal
A. What did the State submit?
Table 1 lists the dates the submitted rule addressed by this
proposal was amended by the District and submitted by the California
Air Resources Board (CARB), the agency that serves as the governor's
designee for California SIP submittals.
[[Page 71519]]
Table 1--Submitted Rule
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Cover letter
Rule Title Amendment date Submittal date date
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Rule 432.......................... Federal New Source Review 4/22/2021 8/3/2021 8/3/2021
(FNSR).
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On February 3, 2022, CARB's August 3, 2021 submittal was deemed to
be complete by operation of law in 40 CFR part 51, appendix V, which
must be met before formal EPA review.
B. What is the purpose of the submitted rule?
The submittal from the District is intended to satisfy the SIP
Requirements Rule that requires states to make a SIP revision
addressing NNSR. The SIP for the District currently contains an
approved NNSR permit program based on their nonattainment
classification for the 2008 8-hour ozone NAAQS. This submittal is
intended to satisfy the 40 CFR 51.1314 submittal requirements based on
the District's 2015 ozone nonattainment designation. The EPA's analysis
of how these SIP revisions address the NNSR requirements for the 2015
ozone NAAQS is provided below.
III. Analysis of Nonattainment New Source Review Requirements
The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are contained in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the SIP Requirements
Rule implementing the 2015 ozone NAAQS. The SIP for each ozone
nonattainment area must contain NNSR provisions that: (1) set major
source thresholds for nitrogen oxides (NO<INF>X</INF>) and volatile
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2); (2) classify physical changes as a major source if the
change would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); (3) consider any significant net emissions
increase of NO<INF>X</INF> as a significant net emissions increase for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider any increase
of VOC emissions in extreme ozone nonattainment areas as significant
net emissions increases and major modifications for ozone pursuant to
40 CFR 51.165(a)(1)(v)(F); (5) set significant emissions rates for VOC
and NO<INF>X</INF> as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); (6) contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); (7)
provide that the requirements applicable to VOC also apply to
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); (8) set offset ratios
for VOC and NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(9)(ii)-(iv);
and (9) require public participation procedures complaint with 40 CFR
51.165(i).
The District's SIP-approved NNSR program, established in Rule 432,
``Federal New Source Review (FNSR)'' (amended March 23, 2017) (``Rule
432''), applies to the construction and modification of stationary
sources, including major stationary sources in nonattainment areas
under its jurisdiction.\4\ The only change from the SIP-approved NNSR
program is the removal of provisions related to interpollutant trading,
due to a recent court decision that vacated the interpollutant trading
program.\5\ The District's submitted SIP revision includes a compliance
demonstration, consisting of a table listing each of the 2015 ozone
NAAQS NNSR SIP requirements from 40 CFR 51.165 and a citation to the
specific provision of Rule 432 satisfying the requirement. These
documents are available in the docket for this action. The EPA has
reviewed the demonstration and cited program elements intended to meet
the federal NNSR requirements and is proposing to approve the
District's submittal because the current SIP-approved NNSR program
contains all the SIP Requirements Rule NNSR program requirements
applicable to the Butte County nonattainment area as a Marginal ozone
nonattainment area.
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\4\ 81 FR 93820 (December 22, 2016), and 83 FR 26222 (June 6,
2018).
\5\ Sierra Club v. EPA, 21 F.4th 815 (D.C. Cir. 2021) and 86 FR
37918 (July 19, 2021).
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IV. Proposed Action and Public Comment
The EPA is proposing to approve SIP revisions addressing the NNSR
requirements for the 2015 ozone NAAQS for the District. In support of
this proposed action, we have concluded that our approval of Rule 432
would comply with section 110(l) of the Act because the submittal will
not interfere with continued attainment of the NAAQS in the District.
The EPA has concluded that the State's submission fulfills the 40 CFR
51.1314 revision requirements and meets the requirements of CAA section
110 and the minimum SIP requirements of 40 CFR 51.165. If we finalize
this action as proposed, our action will incorporate submitted Rule 432
into the federally enforceable SIP and be codified through revisions to
40 CFR 52.220 (Identification of plan-in part).
We will accept comments from the public on this proposal until
November 16, 2023.
V. 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 District's Rule 432, ``Federal New Source Review
(FNSR),'' amended on April 22, 2021, which contains an NNSR program
that meets federal permitting requirements. 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).
VI. 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 approve state choices,
provided that they meet the criteria of the CAA. 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 14094 (88 FR 21879, April 11, 2023);
<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
[[Page 71520]]
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<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 Act.
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).
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.''
The air agency 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon oxides,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: October 3, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-22372 Filed 10-16-23; 8:45 am]
BILLING CODE 6560-50-P
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