Proposed Rule2025-05156
Air Plan Revisions; California; Antelope Valley Air Quality Management District; New Source Review; Stationary Source Permits
Primary source
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Published
March 26, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of six permitting rules, and limited approval and limited disapproval for one permitting rule, submitted on January 7, 2025, as a revision to the Antelope Valley Air Quality Management District (AVAQMD or "District") portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under part D of title I of the Clean Air Act (CAA or "Act"). The submitted rules address deficiencies identified in a previous limited disapproval action and incorporate other revisions related to NSR requirements. If finalized, this action will update the AVAQMD's current SIP with the revised rules. We are taking comments on this proposal and plan to follow with a final action. Elsewhere in this Federal Register, we are making an interim final determination that will stay or defer the imposition of CAA sanctions associated with our previous limited disapproval action.
Full Text
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<title>Federal Register, Volume 90 Issue 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Proposed Rules]
[Pages 13719-13723]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05156]
[[Page 13719]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0056; FRL-12601-01-R9]
Air Plan Revisions; California; Antelope Valley Air Quality
Management District; New Source Review; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of six permitting rules, and limited approval and limited
disapproval for one permitting rule, submitted on January 7, 2025, as a
revision to the Antelope Valley Air Quality Management District (AVAQMD
or ``District'') portion of the California State Implementation Plan
(SIP). These revisions concern the District's New Source Review (NSR)
permitting program for new and modified sources of air pollution under
part D of title I of the Clean Air Act (CAA or ``Act''). The submitted
rules address deficiencies identified in a previous limited disapproval
action and incorporate other revisions related to NSR requirements. If
finalized, this action will update the AVAQMD's current SIP with the
revised rules. We are taking comments on this proposal and plan to
follow with a final action. Elsewhere in this Federal Register, we are
making an interim final determination that will stay or defer the
imposition of CAA sanctions associated with our previous limited
disapproval action.
DATES: Comments must be received on or before April 25, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0056, 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 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, U.S. Environmental
Protection Agency, Region IX (AIR-3-2), phone: (415) 947-4156, email:
<a href="/cdn-cgi/l/email-protection#c2a9a7aeaebbecb1aaa3aaa7a7b0a3aa82a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="58333d343421762b3039303d3d2a3930183d2839763f372e">[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 are in the current SIP?
B. What rules did the State submit?
C. What is the purpose of the submitted 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. How are the previously identified rule deficiencies resolved?
D. What are the new rule deficiencies?
E. How were the EPA's recommendations to further improve the
rules addressed?
F. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials AVAQMD or District mean or refer to the
Antelope Valley Air Quality Management District.
(ii) The word or initials CAA or Act mean or refer to the Clean
Air Act, unless the context indicates otherwise.
(iii) The word or initials CARB mean or refer to the California
Air Resources Board.
(iv) The initials CFR mean or refer to Code of Federal
Regulations.
(v) The initials or words EPA, we, us, or our mean or refer to
the United States Environmental Protection Agency.
(vi) The initials NA mean or refer to nonattainment.
(vii) The initials NAAQS mean or refer to the National Ambient
Air Quality Standards.
(viii) The initials NSR mean or refer to New Source Review.
(ix) The initials NNSR mean or refer to nonattainment New Source
Review.
(x) The initials SIP mean or refer to State Implementation Plan.
(xi) The word State means or refers to the State of California.
(xii) The word TSD means or refers to the Technical Support
Document.
I. The State's Submittal
A. What rules are in the current SIP?
Table 1 lists the rules in the current SIP with the dates they were
adopted or amended by the AVAQMD, submitted by the California Air
Resources Board (CARB), the governor's designee for California SIP
submittals, and approved by the EPA.
Table 1--Current SIP Rules
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State
District rule No. Title/subject effective EPA approval date
date
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1300.............................. New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
General.
1301.............................. New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
Definitions.
1302 (except 1302(C)(5) and New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
1302(C)(7)(c)). Procedure.
1303.............................. New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
Requirements.
1304.............................. New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
Emissions
Calculations.
1305.............................. New Source Review 7/20/2021 7/3/2023 (88 FR 42621).
Emissions Offsets.
1306.............................. New Source Review for 7/20/2021 7/3/2023 (88 FR 42621).
Electric Energy
Generating
Facilities.
1309.............................. Emission Reduction 7/20/2021 7/3/2023 (88 FR 42621).
Credit Banking.
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[[Page 13720]]
B. What rules did the State submit?
CARB provided a submittal to the EPA on January 7, 2025 (hereafter
referred to as the ``2025 Submittal''), for revisions to the AVAQMD's
NSR permitting program in the California SIP.
CARB's 2025 Submittal provided the amended NSR permitting program
rules listed in Table 2 that were adopted by the AVAQMD and submitted
by CARB for inclusion in the SIP. If finalized as proposed, the
submitted rules listed in Table 2 would replace the current EPA-
approved SIP rules that are listed in Table 1.
Table 2--Submitted Rules
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Amendment or Submittal
District rule No. Title/subject Amended or adopted adoption date date \a\
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1301........................... New Source Review Amended...................... 12/30/2024 1/7/2025
Definitions.
1302 \b\ (except 1302(C)(5) and New Source Review Amended...................... 12/30/2024 1/7/2025
1302(C)(7)(c)). Procedures.
1303........................... State New Source Amended...................... 12/30/2024 1/7/2025
Review
Requirements.
1304........................... State New Source Amended...................... 12/30/2024 1/7/2025
Review Emissions
Calculations.
1305........................... State New Source Amended...................... 12/30/2024 1/7/2025
Review Emissions
Offsets.
1309........................... Emission Reduction Amended...................... 12/30/2024 1/7/2025
Credit Banking.
1314........................... Federal Adopted (New Rule)........... 12/30/2024 1/7/2025
Nonattainment New
Source Review for
Ozone Precursors.
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\a\ The submittal for Rules 1301, 1302, 1303, 1304, 1305, 1309, and 1314 was transmitted to the EPA via a letter
from CARB dated January 6, 2025.
\b\ Subsections 1302(C)(5)(d) and 1302(C)(7)(c)(iii) of Rule 1302 specifically state that subsections 1302(C)(5)
and 1302(C)(7)(c) are not submitted to the EPA and are not intended to be included as part of the California
SIP.
Section 110(k)(1)(B) of the CAA requires the EPA to determine
whether a SIP submission is complete within 60 days of receipt. The
EPA's SIP completeness criteria are found in 40 CFR part 51, appendix
V. Based on our review of the public process documentation for the
AVAQMD's 2025 Submittal, we find that the District has provided
sufficient evidence of public notice and opportunity for public comment
and held public hearings prior to adoption and submittal of these rules
to the EPA pursuant to 40 CFR part 51, appendix V, and fulfills the
completeness criteria of appendix V.
C. What is the purpose of the submitted rule revisions?
The rules listed in Table 2 are intended to replace the rules
currently in the SIP as listed in Table 1. The submitted rules are also
intended to satisfy the general (minor) NSR and nonattainment NSR
(NNSR) requirements of section 110(a)(2)(C) of the Act, and the NNSR
requirements of part D of title I of the Act. The rules also are
intended to satisfy the EPA's implementing regulations at title 40 of
the Code of Federal Regulations (CFR) part 51. Minor NSR requirements
are generally applicable for SIPs in all areas, while NNSR requirements
apply only in areas designated as nonattainment for one or more
National Ambient Air Quality Standards (NAAQS). The submitted rules are
also intended to resolve deficiencies identified in our July 3, 2023
final NSR action (``2023 NSR Action'') \1\ that included a limited
disapproval of Rules 1301, 1302, 1303, 1304, 1305, and 1309, as amended
on July 20, 2021.
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\1\ 88 FR 42621.
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The AVAQMD is currently designated as a ``Severe'' nonattainment
area for the 2008 and 2015 ozone NAAQS and is designated as attainment
or unclassified for the nitrogen dioxide, carbon monoxide, particulate
matter equal to or less than 10 micrometers (PM<INF>10</INF>),
particulate matter equal to or less than 2.5 micrometers
(PM<INF>2.5</INF>), sulfur dioxide, and lead NAAQS.\2\ The designation
of AVAQMD as a federal ozone nonattainment area triggered the
requirement for the District to develop and submit a NNSR program to
the EPA for approval into the California SIP. The EPA's technical
support document (TSD) has more information about the purposes of the
submitted rules and the District's revisions.
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\2\ See 40 CFR 81.305.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
The EPA has reviewed the AVAQMD amended rules listed in Table 2 for
compliance with the CAA requirements as follows: (1) the general SIP
requirements as set forth in CAA section 110(a)(2), including
110(a)(2)(A) and 110(a)(2)(E)(i); (2) the stationary source
preconstruction permitting program requirements as set forth in CAA
part D of title I, including CAA sections 172(c)(5), 173, and 182; (3)
the requirements for the review and modification of major sources in
accordance with 40 CFR 51.160-51.165 as applicable in Severe ozone
nonattainment areas; (4) the requirements for the review of new major
stationary sources or major modifications in a designated nonattainment
area that may have an impact on visibility in any mandatory Class I
federal area in accordance with 40 CFR 51.307; (5) the SIP revision
requirements as set forth in CAA sections 110(l) and 193; and (6) the
provisions of CAA section 302(z).
Sections 110(a)(2) and 110(l) of the Act require that each SIP or
revision to a SIP submitted by the State must be adopted after
reasonable notice and public hearing. In addition, section 110 of the
Act requires that SIP rules be enforceable. Section 110(a)(2)(C) of the
Act requires each SIP to include a program to regulate the modification
and construction of any stationary source within the areas covered by
the SIP as necessary to assure attainment and maintenance of the NAAQS.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), referred to
as nonattainment NSR (NNSR), including preconstruction permit
requirements for new major sources and major modifications proposing to
construct in nonattainment areas (section 173) and the de minimis plan
provisions for Severe nonattainment areas (sections 182(c)(6) and
182(d)).
[[Page 13721]]
The EPA's regulations at 40 CFR 51.160-51.164 provide general
programmatic requirements to implement the statutory mandate under
section 110(a)(2)(C) of the Act that is commonly referred to as the
``general'' or ``minor'' NSR program. These NSR program regulations
impose requirements for approval of state and local programs that are
more general in nature as compared to the specific statutory and
regulatory requirements for NSR permitting programs under part D of
title I of the Act.
The EPA's regulations at 40 CFR 51.165 set forth the EPA's
regulatory requirements for SIP approval of a nonattainment NSR permit
program. Our review also evaluated the submittal for compliance with
the NNSR requirements applicable to Severe ozone nonattainment areas
and ensured that the submittal addressed the NNSR requirements for the
2008 and 2015 ozone NAAQS.
Section 169A of the Act specifies that the EPA must promulgate
regulations requiring states to provide for visibility protection for
mandatory Class I Federal areas. The EPA's regulations at 40 CFR 51.307
set forth the protection of visibility requirements that apply to NSR
programs. This provision requires that certain actions be taken in
consultation with the local Federal Land Manager if a new major source
or major modification may have an impact on visibility in any mandatory
Federal Class I Area.
Section 110(l) of the Act prohibits the EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the CAA.
Section 193 of the Act, which only applies in nonattainment areas,
prohibits the modification of a SIP-approved control requirement in
effect before November 15, 1990, in any manner unless the modification
insures equivalent or greater emission reductions of such air
pollutant.
Section 302(z) of the Act defines the term ``Stationary Source'' as
generally any source of an air pollutant except those emissions
resulting directly from an internal combustion engine for
transportation purposes or from a nonroad engine or nonroad vehicle as
defined in title II of the Act.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
B. Do the rules meet the evaluation criteria?
The EPA has reviewed the submitted rules listed in Table 2 in
accordance with the rule evaluation criteria described in Section II.A.
of this notice.
With respect to procedural requirements, CAA sections 110(a)(2) and
110(l) require SIP revisions to be adopted by the state after
reasonable notice and public hearing. Based on our review of the public
process documentation included in the 2025 Submittal for the amended
rules listed in Table 2, we find that the AVAQMD has provided
sufficient evidence of public notice, opportunity for comment, and a
public hearing prior to the adoption and submittal of these rules to
the EPA.
We have determined that the submitted rules satisfy the statutory
and regulatory requirements in part D of the Act (including sections
172, 173, 182(c)(6) and 182(d)) and the relevant provisions of sections
110(a)(2) and 302(z) of the Act, as well as 40 CFR 51.160-51.165 and
51.307. We have also determined that the submitted rules address the
deficiencies previously identified by the EPA.\3\ We describe how these
deficiencies have been resolved in Section II.C. of this notice. Our
TSD contains a more detailed evaluation.
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\3\ 88 FR 42621.
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C. How are the previously identified rule deficiencies resolved?
The 2025 Submittal resolves the deficiencies previously identified
by the EPA in the 2023 NSR Action. The following sections briefly
describe how the District's revisions address the deficiencies. Our TSD
for this proposed action and the TSD for the 2023 NSR Action, which can
be found in the docket for this proposed action, provide more
information.
1. Simultaneous Emission Reductions (SERs) Calculation Methodology
The EPA previously determined that certain portions of Rules 1301,
1302, 1303, 1304, and 1305, as amended on July 20, 2021, were deficient
and not fully approvable because Rule 1304 allowed the use of emission
reductions called SERs to be calculated using a potential to emit
(PTE)-to-PTE calculation method rather than an actual emissions-to-PTE
calculation method. The EPA previously determined that the use of a
PTE-to-PTE calculation method was inconsistent with CAA Section
173(c)(1)-(2), 40 CFR 51.165(a)(1)(vi)(E)(1), and 40 CFR
51.165(a)(3)(i)-(ii). The District revised its Regulation XIII rules
(i.e., Rules 1301, 1302, 1303, 1304, 1305, and 1309) such that SERs are
no longer allowed to be used as offsets in a manner that is
inconsistent with the requirements of the CAA and 40 CFR 51.165.
Additionally, the District adopted new Rule 1314 (Federal Nonattainment
New Source Review For Ozone Precursors) on December 30, 2024, which
complies with federal nonattainment NSR program requirements in CAA
sections 172(c)(5), 173, 182(c)(6), 182(d), and in the implementing
regulations in 40 CFR 51.165. Rule 1314 is used for determining whether
a proposed project is a new Major Facility or a Major Modification
(i.e., a new major stationary source or a major modification at an
existing major stationary source). The requirements in the revised
versions of Rules 1303, 1304, and 1305, as amended on December 30,
2024, primarily apply to projects subject to State requirements. Based
on these revisions, the District has resolved the deficiencies
previously identified by the EPA. The TSD for this action provides the
specific rule revisions made by the District that were previously
identified by the EPA as deficient and that are now approvable.
2. Calculation Method for Determining ``Historic Actual Emissions''
(``HAE'')
The EPA previously determined that Rule 1304(E)(2), as amended on
July 20, 2021, which provided the calculation method for determining
the HAE as it relates to emission changes at a Facility pursuant to
1304, was deficient because of a typographical error. The District
corrected this error, and the District moved the requirements that were
in Rule 1304(E)(2) to 1301(JJ), which is the definition of ``Historic
Actual Emissions (HAE).'' The District revised its Regulation XIII
rules (i.e., Rules 1301, 1302, 1303, 1304, 1305, and 1309) such that
the requirements in Rules 1303, 1304, and 1305 no longer apply to its
major nonattainment NSR program, and the emissions calculation
procedures are now in Rule 1309 and new Rule 1314, as amended on
December 30, 2024. Therefore, this deficiency is resolved.
3. Use of Contracts
The EPA previously determined that Rules 1302(D)(6)(a)(iii)
(Issuance of PTO(s)), 1304(C)(4)(c) (Calculating Simultaneous Emissions
Reductions), 1309(D)(3)(c) (Standards for Granting ERCs), and
1309(E)(6) (Transfer, Encumbrance, and Readjustment of ERCs; Transfer),
as amended on July 20, 2021, were deficient because they would allow an
owner or operator to use
[[Page 13722]]
a ``contract'' in place of a permit. However, the District's NSR rules
did not define the term ``contract'' or provide requirements for how a
contract is an enforceable mechanism that may be used in the same way
as a permit. The District revised these requirements to remove the term
``contract.'' Therefore, this deficiency is resolved.
4. Interprecursor Trading
The EPA previously determined that Rule 1305(C)(6) (Eligibility of
Offsets; Interpollutant Offsets), as amended on July 20, 2021, was
deficient because it allowed interprecursor trading (IPT) for the ozone
precursors of VOC and NO<INF>X</INF>, which is not allowed under 40 CFR
51.165(a)(11).\4\ On December 30, 2024, the District revised Rule
1305(C)(6) to remove the IPT requirements, and revised its Regulation
XIII rules such that the emissions calculation procedures in Rule 1309
and new Rule 1314 apply to projects subject to the District's federal
nonattainment NSR program for any new Major Facility or any Major
Modification. Therefore, this deficiency is resolved.
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\4\ 86 FR 37918 (July 19, 2021).
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5. De Minimis Requirements in CAA Sections 182(c)(6) and 182(d)
The EPA previously determined that the District's nonattainment NSR
program rules were deficient because they did not contain the de
minimis SIP requirements in Sections 182(c)(6) and 182(d) of the Act.
The District added these requirements to 1314(C)(5) (Definition of
``Federal Major Modification''), 1314(C)(8) (Definition of ``Non-De
minimis Emissions Increase''), 1314(E)(1)(b)(iii) (Calculation
Procedures; Emissions), and 1314(E)(1)(b)(viii) (Calculation
Procedures; Emissions) in new Rule 1314, as adopted on December 30,
2024. Therefore, this deficiency is resolved.
D. What are the new rule deficiencies?
Rule 1314 does not include the reasonable possibility requirements
in 40 CFR 51.165(a)(6) and (7). This is a deficiency that may be
resolved by including the requirements in 40 CFR 51.165(a)(6) and (7)
in the Rule 1314.
E. How were the EPA's recommendations to further improve the rules
addressed?
The rule revisions in the 2025 Submittal also address the previous
EPA recommendations listed in the EPA's December 2022 TSD for Rule
1301(G), 1302(D)(5)(b)(iii), 1304(C)(1), 1304(C)(2)(d),
1304(E)(3)(a)(iii), 1305(C)(4)(a)(ii), and 1309(E)(4) in the 2023 NSR
Action. These items do not affect the EPA's approvability of this
current action. The TSD for this action provides more information on
this.
F. Proposed Action and Public Comment
The EPA is proposing approval of AVAQMD Rules 1301, 1302 (except
1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, and 1309 as authorized
in section 110(k)(3) of the Act. If a portion of a plan revision meets
all the applicable CAA requirements, CAA section 110(k)(3) authorizes
the EPA to approve the plan revision.
The 2023 NSR Action triggered an obligation on the EPA to
promulgate a Federal Implementation Plan (FIP), unless the AVAQMD
submitted a SIP revision to correct the deficiencies that were the
basis for the limited disapproval and the EPA then approved the related
plan revisions within two years of the final action. Additionally,
since the AVAQMD is a nonattainment area for the 2008 and 2015 8-hour
ozone NAAQS, the 2023 NSR Action triggered the offset sanction in CAA
section 179(b)(2) for the nonattainment area 18 months after the
effective date of a final limited approval and limited disapproval. The
2023 NSR Action also will trigger the highway funding sanctions in CAA
section 179(b)(1) for the nonattainment area six months after the
offset sanction is imposed unless the highway funding sanction is
deferred. The EPA has determined that the revised and adopted rules
1301, 1302, 1303, 1304, 1305, and 1309 resolve, and correct, the
deficiencies previously identified by the EPA in the 2023 NSR Action.
Also, the EPA's action, if finalized, will remove any requirement to
promulgate a FIP or impose sanctions or offsets under section 179(b) of
the CAA that stem from the 2023 NSR Action.
The EPA is also proposing a limited approval and limited
disapproval of Rule 1314 as authorized in sections 110(k)(3) and 301(a)
of the Act because although it fulfills most of the relevant CAA
requirements and strengthens the SIP, it also contains a deficiency as
discussed in Section II.D of this notice.
If finalized as proposed, our limited approval and limited
disapproval action will trigger an obligation on the EPA to promulgate
a FIP unless the AVAQMD submits a SIP revision to correct the
deficiencies that are the basis for our limited approval and limited
disapproval and the EPA then approves the related plan revisions within
two years of the final action. Additionally, the offset sanction in CAA
section 179(b)(2) would apply in the nonattainment areas at issue 18
months after the effective date of a final limited approval and limited
disapproval, and the highway funding sanctions in CAA section 179(b)(1)
would apply in these areas six months after the offset sanction is
imposed. Section 179 sanctions will not be imposed under the CAA if the
AVAQMD submits, and we approve, prior to the implementation of the
sanctions, SIP revisions that correct any deficiencies that we identify
in a final action.
Regarding the additional substantive requirements of CAA sections
110(l) and 193, our proposed action will result in a more stringent
SIP, while not relaxing any existing provision contained in the SIP. We
have concluded that our action would comply with section 110(l) because
it will not interfere with any applicable requirement concerning
attainment and reasonable further progress and will not interfere with
any other applicable CAA requirement. In addition, our proposed action
will not relax any pre-November 15, 1990 requirement in the SIP.
Therefore, the changes to the SIP resulting from this action ensure
greater or equivalent emission reductions of ozone and its precursors
in the District. Accordingly, we have concluded that our action is
consistent with the requirements of CAA section 193.
If we finalize this action as proposed, our action will 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
April 25, 2025.
III. Incorporation by Reference
In this action, 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 AVAQMD rules described in Table 2 of this preamble. These
rules implement the District's nonattainment NSR program. 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).
IV. 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).
[[Page 13723]]
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the 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 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 (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 does not concern an environmental health
risk or safety risk;
<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).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 7, 2025.
Cheree D. Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2025-05156 Filed 3-25-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 26, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.