Rule2025-04036
Air Plan Approval; 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
March 18, 2025
Effective
April 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action 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 approving that the following California nonattainment areas meet the ES requirements for the 2015 ozone NAAQS: Tuscan Buttes, Kern County (Eastern Kern), and San Diego County.
Full Text
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<title>Federal Register, Volume 90 Issue 51 (Tuesday, March 18, 2025)</title>
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[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Rules and Regulations]
[Pages 12459-12461]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04036]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0625; FRL-11613-02-R9]
Air Plan Approval; 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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 approving
that the following California nonattainment areas meet the ES
requirements for the 2015 ozone NAAQS: Tuscan Buttes, Kern County
(Eastern Kern), and San Diego County.
DATES: This rule is effective April 17, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0625. 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
[[Page 12460]]
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#93e0f0fbe4f6fdf8fee6f6fffff6e1bde0fafdf2d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="5d2e3e352a3833363028383131382f732e34333c1d382d3c733a322b">[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 12, 2024, (89 FR 57120), the EPA proposed to approve the
following rules into the California SIP.
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Amended/
Agency Rule No. Rule title adopted Submitted
----------------------------------------------------------------------------------------------------------------
Eastern Kern Air Pollution Control Rule 108.2............. Emission Statement 8/4/22 12/7/22
District (APCD). Requirements.
Tehama County APCD.................. Rule 2:20.............. Emissions Statement.... 3/1/22 7/5/22
San Diego County APCD............... Rule 19.3.............. Emission Information... 12/9/21 3/9/22
----------------------------------------------------------------------------------------------------------------
These rules were submitted by the relevant counties to fulfill CAA
section 182(a)(3)(B) ES requirements. We proposed to approve these
rules because we determined that they comply with the relevant CAA
requirements. Our proposed action contains more information on the
rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment asserting that indoor
cannabis growth is responsible for significant emissions of greenhouse
gases. We acknowledge the information provided by the commenter
regarding the potential for the cannabis cultivation industry to be a
source of greenhouse gas emissions. As noted above and in our proposal
notice, this action concerns administrative emission statement
requirements under CAA section 182(a)(3)(B). As a result, we do not
consider this comment to be germane because it is outside the scope of
our proposed action.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is approving these rules into the
California SIP. There are no previous versions of Tehama County APCD
Rule 2:20 in the SIP. The December 9, 2021 version of San Diego County
APCD Rule 19.3 and the August 4, 2022 version of Eastern Kern APCD Rule
108.2 will replace the previously approved versions of these rules in
the SIP.
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 Eastern
Kern APCD Rule 108.2 (amended 8/4/22), Tehama County APCD Rule 2:20
(adopted 3/1/22), and San Diego County APCD Rule 19.3 (adopted 12/9/
21). The APCD rules regulate ES requirements for the 2015 ozone NAAQS.
The EPA has made, and will continue to make, these documents 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).
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 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 Order 12866 (58
FR 51735, October 4, 1993);
<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 (Public Law 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).
This action is subject to the Congressional Review Act, 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 May 19, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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
[[Page 12461]]
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,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 28, 2025.
Cheree D. Peterson,
Acting 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)(190)(i)(E)(2),
(c)(241)(i)(A)(9), (c)(604)(i)(A)(2), (c)(607)(i)(D), and (c)(625) to
read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * * *
(190) * * *
(i) * * *
(E) * * *
(2) Previously approved on May 26, 2004, in paragraph
(c)(190)(i)(E)(1) of this section and now deleted with replacement in
(c)(625)(i)(A)(1) of this section: Rule 108.2, adopted on July 13,
1992.
* * * * *
(241) * * * *
(i) * * * *
(A) * * * *
(9) Previously approved on March 9, 2000, in paragraph
(c)(241)(i)(A)(4) of this section and now deleted with replacement in
(c)(604)(i)(A)(2) of this section: Rule 19.3, adopted on May 15, 1996.
* * * * *
(604) * * * *
(i) * * * *
(A) * * * *
(2) Rule 19.3, ``Emission Information,'' adopted on December 9,
2021.
* * * * *
(607) * * * *
(i) * * * *
(D) Tehama County Air Pollution Control District.
(1) Rule 2:20, ``Emissions Statement,'' adopted on March 1, 2022.
(2) [Reserved]
* * * * *
(625) The following regulation was submitted on December 7, 2022,
by the Governor's designee as an attachment to a letter dated November
30, 2022.
(i) Incorporation by reference.
(A) Eastern Kern Air Pollution Control District.
(1) Rule 108.2, ``Emissions Statement Requirements,'' amended on
August 4, 2022.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
[FR Doc. 2025-04036 Filed 3-17-25; 8:45 am]
BILLING CODE 6560-50-P
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