Proposed Rule2024-15045
Air Plan Revisions; California; Eastern Kern Air Pollution Control District; Tehama County Air Pollution Control District; San Diego County Air Pollution Control District Emissions Statement Requirements
Primary source
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Published
July 12, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions, under the Clean Air Act (CAA or "Act"), to portions of the California State Implementation Plan (SIP) regarding emissions statements (ES) requirements for the 2015 ozone national ambient air quality standards (NAAQS). In addition, we are proposing that the following California nonattainment areas (NAAs) meet the ES requirements for the 2015 ozone NAAQS: Tuscan Buttes, Kern County (Eastern Kern), and San Diego County. 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 89 Issue 134 (Friday, July 12, 2024)</title>
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[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Proposed Rules]
[Pages 57120-57122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15045]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0625; FRL-11613-01-R9]
Air Plan Revisions; California; Eastern Kern Air Pollution
Control District; Tehama County Air Pollution Control District; San
Diego County Air Pollution Control District Emissions Statement
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions, under the Clean Air Act (CAA or ``Act''), to
portions of the California State Implementation Plan (SIP) regarding
emissions statements (ES) requirements for the 2015 ozone national
ambient air quality standards (NAAQS). In addition, we are proposing
that the following California nonattainment areas (NAAs) meet the ES
requirements for the 2015 ozone NAAQS: Tuscan Buttes, Kern County
(Eastern Kern), and San Diego County. We are taking comments on this
proposal and plan to follow with a final action.
DATES: Comments must be received on or before August 12, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0625 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 (e.g.,
audio or video) 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: Sina Schwenk-Mueller, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4100 or
by email at <a href="/cdn-cgi/l/email-protection#94e7f7fce3f1fafff9e1f1f8f8f1e6bae7fdfaf5d4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="95e6f6fde2f0fbfef8e0f0f9f9f0e7bbe6fcfbf4d5f0e5f4bbf2fae3">[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 rules or rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the Rule(s)
D. 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?
The California Air Resources Board submitted rules for the the
Eastern Kern Air Pollution Control District (APCD), Tehama County APCD,
and San Diego County APCD portions of the California SIP.
Table 1 lists the rules submitted for approval into the SIP with
the dates that the rules were adopted or revised by the local or State
air agencies and submitted by the States to fulfill CAA section
182(a)(3)(B) Emissions Statements (``section 182(a)(3)(B)'')
requirements.
[[Page 57121]]
Table 1--Submitted Rules
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Amended/
Agency Rule No. Rule title adopted Submitted Deemed complete
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Eastern Kern APCD............ Rule 108.2........... Emission 8/4/22 12/7/22 Complete by
Statement Operation of
Requirements. Law (COL) 6/7/
23.
Tehama County APCD........... Rule 2:20............ Emission 3/1/22 7/5/22 COL 1/5/23.
Statement.
San Diego County APCD........ Rule 19.3............ Emission 12/9/21 3/9/22 COL 9/9/22.
Information.
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Table 1 also list the dates that the EPA determined that the
submittals met the completeness criteria in 40 Code of Federal
Regulations (CFR) part 51, appendix V or were deemed by operation of
law to meet the completeness criteria in 40 CFR part 51, appendix V
(``complete by operation of law'' or COL), which must be met before
formal EPA review.
B. Are there other versions of these rules?
There is no previous version of Tehama County APCD Rule 2:20 in the
SIP. We approved an earlier version of Eastern Kern APCD Rule 108.2
into the SIP on May 26, 2004 (69 FR 29880). If we take final action to
approve the submitted version of Rule 108.2, it will replace the
existing SIP-approved version. We approved an earlier version of San
Diego APCD Rule 19.3 into the SIP on March 9, 2000 (65 FR 12472). If we
take final action to approve the submitted version of Rule 19.3, it
will replace the existing SIP-approved version.
C. What is the purpose of the submitted rules or rule revisions?
Under the CAA, a SIP must require stationary sources in ozone NAAs
classified as ``Marginal'' or above to report annual emissions of
nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds(VOCs).
See CAA section 182(a)(3)(B). Whenever the EPA promulgates a new ozone
NAAQS, the State and/or air district must submit a new or amended rule
to ensure that the section 182(a)(3)(B) requirements are met.
Section 182(a)(3)(B)(i) requires States to submit a SIP revision
that requires that owners or operators of stationary sources provide
the State with a statement of actual emissions of VOCs and
NO<INF>X</INF> at least annually. Such statements must also include a
certification that the information is accurate to the best knowledge of
the individual certifying the statement.\1\
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\1\ Section 182(a)(3)(B)(ii) ``The State may waive the
application of clause (i) to any class or category of stationary
sources which emit less than 25 tons per year of volatile organic
compounds or oxides of nitrogen if the State, in its submissions
under subparagraphs (1) or (3)(A), provides an inventory of
emissions from such class or category of sources, based on the use
of the emission factors established by the Administrator or other
methods acceptable to the Administrator.''
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In lieu of submitting a new or amended rule, the State and/or air
district may submit for SIP approval a certification that an existing
SIP-approved rule satisfies the emissions statement requirements of CAA
section 182(a)(3)(B) for the relevant ozone NAAQS. Specifically, the
preamble to the EPA's ``Implementation of the 2015 National Ambient Air
Quality Standards for Ozone: Nonattainment Area State Implementation
Plan Requirements'' states that ``[W]here an air agency determines that
an existing regulation is adequate to meet applicable nonattainment
area planning requirements of CAA section 182 . . . for a revised ozone
NAAQS, that air agency's SIP revision may provide a written statement
certifying that determination in lieu of submitting new revised
regulations.'' \2\ The EPA's technical support document (TSD), which is
in the docket for this rulemaking, has more information about these
rules.
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\2\ ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). Areas classified as Marginal
nonattainment or higher are subject to the requirements of CAA section
182(a)(3)(B).
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).
2. ``(Draft) Guidance on the Implementation of an Emission
Statement Program,'' EPA, July 1992.
3. ``State Implementation Plans; General Preamble for the
Implementation of title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
5. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Do the rules meet the evaluation criteria?
These rules meet CAA requirements and are consistent with relevant
guidance regarding enforceability, SIP revisions, and emissions
statement requirements. The TSD has more information on our evaluation.
C. The EPA's Recommendations To Further Improve the Rule(s)
The TSD includes recommendations for the next time the local agency
modifies the rules or submit certifications.
D. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because they fulfill all relevant
requirements. We are also proposing that the following 2015 ozone
nonattainment areas have met CAA section 182(a)(3)(B) requirements:
Kern County (Eastern Kern), CA, Tuscan Buttes, CA, San Diego, CA. We
will accept comments from the public on this proposal until August 12,
2024. If we take final action to approve the submitted rules, our final
action will incorporate these rules into the federally enforceable SIP.
[[Page 57122]]
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 described in table 1, which require sources to
submit emission statements. 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
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 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 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 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 Clean Air 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 rulemaking 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,
February 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.
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.
Dated: July 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-15045 Filed 7-11-24; 8:45 am]
BILLING CODE 6560-50-P
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