Rule2024-21729
Air Plan Revisions; California; Sacramento Metropolitan 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 25, 2024
Effective
October 25, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve State implementation plan (SIP) revisions from the Sacramento Metropolitan Air Quality Management District (SMAQMD or "District") to address Clean Air Act (CAA or "Act") requirements related to the 2008 8-hour ozone national ambient air quality standards (NAAQS or "standards"). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from boilers, gas turbines, and miscellaneous ("misc") combustion units as well as reasonably available control technology (RACT) requirements for major sources of NO<INF>X</INF> in the portion of the Sacramento Metro, CA, nonattainment area that is subject to SMAQMD jurisdiction.
Full Text
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<title>Federal Register, Volume 89 Issue 186 (Wednesday, September 25, 2024)</title>
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78255-78258]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0197; FRL-11981-02-R9]
Air Plan Revisions; California; Sacramento Metropolitan Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State implementation plan (SIP) revisions from the
Sacramento Metropolitan Air Quality Management District (SMAQMD or
``District'') to address Clean Air Act (CAA or ``Act'') requirements
related to the 2008 8-hour ozone national ambient air quality standards
(NAAQS or ``standards''). These revisions concern emissions of oxides
of nitrogen (NO<INF>X</INF>) from boilers, gas turbines, and
miscellaneous (``misc'') combustion units as well as reasonably
available control technology (RACT) requirements for major sources of
NO<INF>X</INF> in the portion of the Sacramento Metro, CA,
nonattainment area that is subject to SMAQMD jurisdiction.
DATES: This rule is effective October 25, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0197. 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: 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#4b28232e25652e3e2c2e252e0b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="3a59525f54145f4f5d5f545f7a5f4a5b145d554c">[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 July 2, 2024, the EPA proposed to approve the California Air
Resources Board's (CARB) submittal of a SIP revision adopted by the
SMAQMD.\1\ As discussed in our proposed action, this SIP revision
adopted portions of several permits issued under the District's SIP-
approved New Source Review (NSR) permit program (``District Permits'')
for submittal into the SIP. These District Permits are relied upon to
implement RACT for major sources of NO<INF>X</INF>, and we proposed to
determine that these District Permits would comply with the EPA's
Startup, Shutdown, and Malfunction (SSM) policy and other applicable
Clean Air Act (CAA or ``Act'') requirements. Based on our review, we
proposed to determine that these District Permits, in conjunction with
the SIP-approved NO<INF>X</INF> limits already established in Rule 411
(NO<INF>X</INF> from Boilers, Process Heaters and Steam Generators) and
Rule 413 (Stationary Gas Turbines), implement RACT for each major
NO<INF>X</INF> source in the District. We therefore also proposed to
approve
[[Page 78256]]
the major source NO<INF>X</INF> RACT element of the 2017 RACT SIP for
the 2008 ozone NAAQS.
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\1\ 89 FR 54748.
Table 1--Submitted Documents
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Local agency Document/ rule No. Document title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD........................... ....................... Reasonably Available 03/28/2024 04/11/2024
Control Technology
(RACT) Permits for
Major Stationary
Sources of Nitrogen
Oxides.
----------------------------------------------------------------------------------------------------------------
A list of individual permits contained in this submittal is
included in Table 2 below.
Table 2--District Permits Included in April 11, 2024 Submittal
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Unit size
Source name Permit No. Unit name/ID (MMBtu/hr) Unit type
----------------------------------------------------------------------------------------------------------------
Mitsubishi Chemical Carbon 24611..................... Oxidation Oven 1.. 2 Misc Combustion
Fiber and Composites. 25925..................... Oxidation Oven 2.. 2 Unit.
Misc Combustion
Unit.
24613..................... Oxidation Oven 3.. 2 Misc Combustion
Unit.
24614..................... Oxidation Oven 4.. 2 Misc Combustion
Unit.
27336..................... Oxidation Oven-- 3 Misc Combustion
Line 31. Unit.
27337..................... Oxidation Oven-- 3 Misc Combustion
Line 31. Unit.
27338..................... Cleaver Brooks 6 Boiler.
Boiler.
UC Davis Medical Center........ 17549..................... Combined Cycle 260 Gas Turbine.
Turbine.
20216..................... Boiler 1.......... 32 Boiler.
20217..................... Boiler 2.......... 32 Boiler.
20218..................... Boiler 3.......... 32 Boiler.
20219..................... Boiler 4.......... 32 Boiler.
Sacramento Metropolitan Utility 27140..................... Babcock & Wilcox 109 Boiler.
District (SMUD) Procter & 27141 and 27132........... Boiler. 583 Gas Turbine and
Gamble Power Plant. 27142 and 27133........... Gas Turbine 1A.... 583 Duct Burner.\a\
Gas Turbine 1B.... Gas Turbine and
Duct Burner.\a\
27143..................... Gas Turbine 1C.... 500 Gas Turbine.
27144..................... Boiler 1B......... 109 Boiler.
SMUD Cosumnes Power Plant...... 25801..................... Turbine 2......... 2,200 Gas Turbine.
25800..................... Turbine 3......... 2,200 Gas Turbine.
SMUD Campbell Power Plant...... 27118 and 27116........... Gas Turbine....... 1,410 Gas Turbine and
Duct Burner.\a\
SMUD Carson Power Plant........ 27151 and 27153........... Gas Turbine....... 600 Gas Turbine and
Duct Burner.\a\
27154..................... Cleaver Brooks 100 Boiler.
Boiler.
27156..................... Turbine 27156..... 450 Gas Turbine.
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\a\ These units are combined cycle gas turbines, which consist of a simple cycle gas turbine combined with a
duct burner, and are listed under the same permit document with separate permit numbers. For clarity, we are
including the duct burner permit number in addition to the turbine permit number.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted on the proposed action, and there is no
change to our assessment of the SIP revision as described in our
proposed action. Therefore, as authorized in section 110(k)(3) of the
Act, the EPA is approving these District Permits into the California
SIP. In addition, we are approving the major source NO<INF>X</INF>
element for SMAQMD's RACT obligation for the 2008 ozone NAAQS. This
approval corrects all deficiencies identified in our June 30, 2023
partial disapproval of the major NO<INF>X</INF> element of the 2017
RACT SIP (88 FR 42248), permanently stopping all sanction clocks
associated with that partial disapproval. Moreover, this approval
corrects the final remaining deficiency identified in our February 3,
2017 finding of failure to submit action for the SMAQMD's 2008 ozone
NAAQS RACT SIP obligation (82 FR 9158). In addition, it terminates the
EPA's obligation to promulgate a Federal Implementation Plan in
response to that action.
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
District Permits contained in the submitted SIP revision and listed in
Table 2 of this preamble, which establish NO<INF>X</INF> emission
limits for specific major sources in the District. The EPA has made,
and will continue to make, these documents 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).
V. 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
[[Page 78257]]
they meet the criteria of the Clean Air Act. Accordingly, this action
merely approves State law as meeting federal requirements and does not
impose additional requirements beyond those imposed by State law. For
that reason, this 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 approves 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 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,
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 District 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
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 goals of
Executive Order 12898 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act (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).
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 November 25, 2024. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 18, 2024.
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)(599)(ii)(A)(2)
and (c)(617) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(599) * * *
(ii) * * *
(A) * * *
(2) The Reasonably Available Control Technology (RACT)
determination for non-CTG major sources of NO<INF>X</INF> as contained
in the RACT State Implementation Plan (SIP) for the 2008 8-Hour Ozone
National Ambient Air Quality Standards (NAAQS) (``Demonstration of
Reasonably Available Control Technology for the 2008 Ozone NAAQS''), as
adopted on March 23, 2017.
* * * * *
(617) The following regulations and materials were submitted
electronically on April 11, 2024, by the Governor's designee as an
attachment to a letter dated April 10, 2024.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Permit to Operate No. 24611--Eisenmann Oxidation Oven 1, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(2) Permit to Operate No. 25925--Maxon Oxidation Oven 2, issued to
Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(3) Permit to Operate No. 24613--Eisenmann Oxidation Oven 3, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(4) Permit to Operate No. 24614--Eisenmann Oxidation Oven 4, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(5) Permit to Operate No. 27336--Despatch Oxidation Oven Line 31,
issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as
revised on February 23, 2024.
(6) Permit to Operate No. 27337--Despatch Oxidation Oven Line 31,
[[Page 78258]]
issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as
revised on February 23, 2024.
(7) Permit to Operate No. 27338--Cleaver Brooks Boiler, issued to
Mitsubishi Chemical Carbon Fiber and Composites Inc., as revised on
February 23, 2024.
(8) Permit to Operate No. 17549--General Electric Gas Turbine,
issued to UCD Medical Center, as revised on February 23, 2024.
(9) Permit to Operate No. 20216--Johnston Boiler Company Boiler 1,
No. 20217--Johnston Boiler company Boiler 2, No. 20218--Johnston Boiler
Company Boiler 3, No. 20219--Johnston Boiler Company Boiler 4, issued
to UCD Medical Center, as revised on February 23, 2024.
(10) Permit to Operate No. 27140--Babcock & Wilcox Boiler, issued
to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(11) Permit to Operate No. 27141--General Electric Gas Turbine 1A
and No. 27132--Duct Burner 1A, issued to Sacramento Municipal Utility
District Financing Authority DBA Procter and Gamble Power Plant, as
revised on February 23, 2024.
(12) Permit to Operate No. 27142--General Electric Gas Turbine 1B
and No. 27133--Duct Burner 1B, issued to Sacramento Municipal Utility
District Financing Authority DBA Procter and Gamble Power Plant, as
revised on February 23, 2024.
(13) Permit to Operate No. 27143--General Electric Gas Turbine 1C,
issued to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(14) Permit to Operate No. 27144--Cleaver Brooks Boiler 1B, issued
to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(15) Permit to Operate No. 25801--General Electric Gas Turbine 2,
issued to Sacramento Municipal Utility District Financing Authority
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
(16) Permit to Operate No. 25800--General Electric Gas Turbine 3,
issued to Sacramento Municipal Utility District Financing Authority
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
(17) Permit to Operate No. 27118--Siemens Gas Turbine and No.
27116--Duct Burner, issued to Sacramento Municipal Utility District
Financing Authority DBA Campbell Power Plant, as revised on February
23, 2024.
(18) Permit to Operate No. 27151--General Electric Gas Turbine and
No. 27153--Duct Burner, issued to Sacramento Municipal Utility District
Financing Authority DBA Carson Power Plant, as revised on February 23,
2024.
(19) Permit to Operate No. 27154--Cleaver Brooks Boiler, issued to
Sacramento Municipal Utility District Financing Authority DBA Carson
Power Plant, as revised on February 23, 2024.
(20) Permit to Operate No. 27156--General Electric Gas Turbine,
issued to Sacramento Municipal Utility District Financing Authority DBA
Carson Power Plant, as revised on February 23, 2024.
(B) [Reserved]
(ii) Additional materials. (A) Sacramento Metropolitan Air Quality
Management District.
(1) ``State Implementation Plan Submittal: Reasonably Available
Control Technology (RACT) Permits for Major Stationary Sources of
Nitrogen Oxides,'' dated February 26, 2024.
(2) [Reserved]
(B) [Reserved]
* * * * *
Sec. 52.237 [Amended]
0
3. Section 52.237 is amended by removing and reserving paragraph
(b)(1)(iii).
[FR Doc. 2024-21729 Filed 9-24-24; 8:45 am]
BILLING CODE 6560-50-P
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