Proposed Rule2024-21646
Air Plan Revisions; California; San Diego County Air Pollution Control District and Mojave Desert Air Quality Management 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
September 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) and Mojave Desert Air Quality Management District (MDAQMD) portions of the California State Implementation Plan (SIP). These revisions concern negative declarations for the Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry (Oil and Natural Gas CTG). We are taking comments on this proposal to approve the SDCAPCD and MDAQMD negative declarations into the California SIP. We plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 89 Issue 184 (Monday, September 23, 2024)</title>
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[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Proposed Rules]
[Pages 77467-77470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0418; FRL-12225-01-R9]
Air Plan Revisions; California; San Diego County Air Pollution
Control District and Mojave Desert Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the San Diego County Air Pollution Control
District (SDCAPCD) and Mojave Desert Air Quality Management District
(MDAQMD) portions of the California State Implementation Plan (SIP).
These revisions concern negative declarations for the Control
Techniques Guidelines
[[Page 77468]]
(CTG) for the Oil and Natural Gas Industry (Oil and Natural Gas CTG).
We are taking comments on this proposal to approve the SDCAPCD and
MDAQMD negative declarations into the California SIP. We plan to follow
with a final action.
DATES: Comments must be received on or before October 23, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0418 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://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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by
email at <a href="/cdn-cgi/l/email-protection#214249444f0f445446444f44614451400f464e57"><span class="__cf_email__" data-cfemail="412229242f6f243426242f24012431206f262e37">[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 documents did the State submit?
B. Are there other versions of this/these documents?
C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the documents?
B. Do the documents meet the evaluation criteria?
C. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agencies and submitted by
the California Air Resources Board (CARB).
Table 1--Submitted Documents
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Submitted to
Local agency Document Adopted EPA
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SDCAPCD................................ 2020 Reasonably Available Control 10/14/2020 12/28/2020
Technology Demonstration for the
National Ambient Air Quality Standards
for Ozone in San Diego County (``2020
RACT SIP'')--Negative Declaration for
Oil and Natural Gas CTG.
MDAQMD................................. 70 ppb Ozone Standard Implementation 10/28/2019 12/20/2019
Evaluation: RACT SIP Analysis; Federal
Negative Declarations; and Emission
Statement Certification--Negative
Declaration for Oil and Natural Gas
CTG.
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For the SDCAPCD submittal, we are only proposing action on the
negative declaration for the Oil and Natural Gas CTG in Attachment B
and are not proposing action on any other elements of the submittal.
Similarly, for the MDAQMD submittal, we are only proposing action on
the negative declaration for the Oil and Natural Gas CTG in Table 2 and
are not proposing action on any other elements of the submittal. In
both cases, the negative declaration for the Oil and Natural Gas CTG
was submitted for the 2008 and 2015 ozone National Ambient Air Quality
Standards (NAAQS).<SUP>1 2</SUP>
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\1\ Page 10 of MDAQMD 70 ppb O3 Evaluation, Final Staff Report.
\2\ Page B-10 of SDCAPCD 2020 RACT SIP, Attachment B.
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On May 6, 2021, the EPA determined that the SDCAPCD negative
declaration for the Oil and Natural Gas CTG met the SIP submittal
completeness criteria in 40 CFR part 51, appendix V.\3\ On June 20,
2020, the MDAQMD submittal, including the Oil and Gas CTG negative
declaration, was deemed by operation of law to meet the SIP
completeness criteria in 40 CFR part 51, appendix V.
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\3\ See Docket Item B-01, Letter dated May 6, 2021, from
Elizabeth J. Adams, Director, Air Division, EPA Region IX, to
Richard W. Corey, Executive Officer, CARB.
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B. Are there other versions of these documents?
There are no other versions of the SDCAPCD submittal, but we
previously approved the negative declarations from the 2020 RACT SIP
for the CTGs titled Control of Volatile Organic Emissions from
Manufacture of Synthesized Pharmaceutical Products (EPA-450/2-78-029),
Control of Volatile Organic Emissions from Miscellaneous Metal and
Plastic Parts Coatings (EPA-453/R-08-003), Tables 3 through 6, and
Control Techniques Guidelines for Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004).\4\ There are no other versions of the
MDAQMD submittal, and we have not previously taken action on any
elements of the submittal.
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\4\ 87 FR 38665 (June 29, 2022).
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C. What is the purpose of the submitted documents?
Volatile organic compounds (VOC) and nitrogen oxides
(NO<INF>X</INF>) in the presence of sunlight can lead to the formation
of ground-level ozone or ``smog,'' which can result in significant
impacts to human health and the environment. Section 110(a) of the CAA
requires states to submit regulations that control VOC emissions.
Clean Air Act (CAA) sections 182(b)(2) and (f) require that SIPs
for ozone nonattainment areas classified as ``Moderate'' or above
implement reasonably available control (RACT) for any source covered by
a Control Techniques Guidelines (CTG) document and for any major source
of VOCs or NO<INF>X</INF>. On October 26, 2015, the EPA finalized
action to revise the 8-hour ozone NAAQS from 0.075 to 0.070 ppm.\5\ On
June 4, 2018, the EPA
[[Page 77469]]
originally designated San Diego County as Moderate nonattainment for
the 2015 8-hour ozone NAAQS.\6\ San Diego County has subsequently been
reclassified from Moderate to ``Severe'' nonattainment.\7\ On June 4,
2018, the EPA also designated the West Mojave Desert area, which
includes portions of San Bernardino and Los Angeles Counties, as Severe
nonattainment for the 2015 8-hour ozone NAAQS. The SDCAPCD has
jurisdiction over the entirety of San Diego County, and the MDAQMD has
jurisdiction over the San Bernardino County portion of the West Mojave
Desert nonattainment area.
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\5\ 80 FR 65292.
\6\ 83 FR 25776.
\7\ 86 FR 29522. San Diego County voluntarily requested
reclassification from Moderate to Severe nonattainment. The
applicable attainment date would be as expeditious as practicable
but no later than August 3, 2033 for the 2015 ozone NAAQS.
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As a result of their Severe classifications for the 2015 ozone
NAAQS, SDCAPCD, and MDAQMD must, at a minimum, adopt RACT-level
controls for all sources covered by a CTG document and for all major
non-CTG sources of VOCs or NO<INF>X</INF> within their respective
nonattainment areas. Any stationary source that emits or has the
potential to emit at least 25 tons per year (tpy) of VOCs or
NO<INF>X</INF> is considered a major stationary source in a Severe
ozone nonattainment area.\8\
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\8\ CAA sections 182(d) and (f) and 302(j).
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Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\9\ It states, in
part, that RACT SIPs must contain adopted RACT regulations and
certifications (where appropriate) that existing provisions meet the
RACT requirement.\10\ Alternatively, for a source category covered by a
CTG document where a District has no applicable stationary sources or
emitting facilities, a District may adopt and submit a negative
declaration documenting that there are no sources covered by the CTG.
The submitted documents we are acting upon represent these Districts'
negative declarations for the Oil and Natural Gas CTG for the 2008 and
2015 ozone NAAQS.\11\
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\9\ 80 FR 12264 (March 6, 2015). Per 83 FR 62998 (December 6,
2018), these provisions were retained without significant revision
for purposes of implementing the 2015 ozone NAAQS,
\10\ Id. at 12278.
\11\ Publication of the Oil and Natural Gas CTG occurred in
October 2016, which was after several Districts had already adopted
their RACT SIP revisions for the 2008 ozone NAAQS. Due to this
timing, some Districts submitted their negative declaration for this
CTG under separate cover, or, in the case of SDCAPCD and MDAQMD,
relied upon their respective RACT SIP revisions for the 2015 ozone
NAAQS to also address this CTG for the 2008 ozone NAAQS.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the documents?
As discussed in section I.C., SDCAPCD and MDAQMD must demonstrate
that the Districts' rules implement RACT for all sources covered by a
CTG document as well as each major source of VOCs or NO<INF>X</INF>. If
a District has no sources covered by a particular CTG document, thus
not requiring a RACT rule for such sources, then States may submit
negative declarations for those CTGs for approval into the SIP. To do
so, the submittal should provide reasonable assurances that no sources
subject to the CTG's requirements currently exist in the relevant ozone
nonattainment area.
Guidance and policy documents that we used to evaluate the negative
declarations include the following:
1. ``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).
2. EPA 453/B-16-001, Control Techniques Guidelines for the Oil and
Natural Gas Industry.
B. Do the documents meet the evaluation criteria?
The submitted documents contain the SDCAPCD and MDAQMD's
certifications that there are no sources within the ozone nonattainment
areas under their respective jurisdictions that are subject to the Oil
and Natural Gas CTG for the 2008 and 2015 8-hour ozone NAAQS. The
Districts based their negative declarations on reviews of their
permitting files, emission inventories, and in consultation with
District enforcement staff. We reviewed available permitting,
enforcement, and emission inventories for these two Districts.\12\ In
addition, we accessed the California Department of Conservation
Geologic Energy Management Division (CalGEM) Well Finder website, which
contains an online mapping application of oil and gas industry
information.\13\ Based on our review of this information, we did not
identify any sources that would be subject to the Oil and Natural Gas
CTG, and we agree with the SDCAPCD and MDAQMD negative
declarations.\14\
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\12\ See Docket Item B-03, ``CARB EI 2020 SD and MD.xlsx''.
\13\ Available at <a href="https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx">https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx</a>.
\14\ We note that while there are several natural gas compressor
stations operating in MDAQMD, they are not subject to the Oil and
Natural Gas CTG because they are located after custody transfer and
do not engage in the production of natural gas.
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C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the SDCAPCD and MDAQMD negative declarations for the Oil and
Natural Gas CTG because they fulfill the relevant requirements in CAA
sections 110(a), 110(l), and 182(b)(2). We will accept comments from
the public on this proposal until October 23, 2024. If we take final
action to approve the submitted negative declarations as proposed, our
final action will incorporate these negative declarations into the
federally enforceable SIP. In addition, it will address the EPA's
obligation to promulgate a FIP for the SDCAPCD arising from our
November 16, 2020 finding of failure to submit for the Oil and Natural
Gas CTG.\15\
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\15\ 85 FR 72963. Our November 16, 2020 finding of failure to
submit also triggered offset sanctions and highway funding
sanctions. These sanctions clocks were extinguished by SDCAPCD's
December 29, 2020 submittal and our May 6, 2021 letter determining
that the District's negative declaration submittal was complete. See
Docket Item B-01.
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III. 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
[[Page 77470]]
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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. 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 Executive Order 12898 of
achieving EJ for communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 16, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-21646 Filed 9-20-24; 8:45 am]
BILLING CODE 6560-50-P
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