Proposed Rule2025-14528
Air Plan Approval; California; South Coast Air Quality Management District
Primary source
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Published
July 31, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP) concerning a rule submitted to address section 185 of the Clean Air Act (CAA or "Act") with respect to the 1997 and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or "standard"). 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 90 Issue 145 (Thursday, July 31, 2025)</title>
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[Federal Register Volume 90, Number 145 (Thursday, July 31, 2025)]
[Proposed Rules]
[Pages 36003-36005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14528]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0199; FRL-12749-01-R9]
Air Plan Approval; California; South Coast 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 a revision to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP)
concerning a rule submitted to address section 185 of the Clean Air Act
(CAA or ``Act'') with respect to the 1997 and 2008 8-hour ozone
National Ambient Air Quality Standards (NAAQS or ``standard''). We are
taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0199 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
[[Page 36004]]
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: Kira Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3827; email address: <a href="/cdn-cgi/l/email-protection#ceb9a7abbda7a0a9abbce0a5a7bcaf8eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="7e09171b0d1710191b0c5015170c1f3e1b0e1f50191108">[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 rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Proposed action and public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD............................. 317.1 Clean Air Act Nonattainment 06/07/24 08/13/24
Fees For 8-Hour Ozone
Standards.
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On February 13, 2025, the submittal for SCAQMD Rule 317.1 was
deemed by operation of law to meet the completeness criteria in 40 CFR
part 51 Appendix V.
B. Are there other versions of this rule?
There are no previous versions of Rule 317.1 in the SIP.
C. What is the purpose of the submitted rule?
Under sections 182(d)(3), (e), (f) and 185 of the Act, states with
ozone nonattainment areas classified as ``Severe'' or ``Extreme'' are
required to submit a SIP revision that would require major stationary
sources of volatile organic compounds (VOC) or oxides of nitrogen
(NO<INF>X</INF>) to pay a fee for each ton of VOC or NO<INF>X</INF>
emitted in excess of 80% of baseline emissions. Under section 185(a) of
the Act, the SIP revision must provide that the fees be paid if the
area to which the SIP revision applies fails to attain the primary
NAAQS by the applicable attainment date. A source's baseline emissions
are the lower of its actual emissions during the applicable attainment
year or the emissions allowed under the permit applicable to the
source. The fee rate is $5,000 per ton in 1990 dollars, which must be
adjusted for inflation based on the Consumer Price Index (CPI). The
required SIP revision must provide for annual payment of the fees,
computed in accordance with CAA section 185(b). More information on CAA
section 185 is provided in our technical support document (TSD).
The South Coast Air Basin and the Riverside County portion of the
Salton Sea Air Basin (Coachella Valley) are classified as ``Extreme''
nonattainment areas for the 1997 8-hour ozone standard and the 2008 8-
hour ozone standard. Therefore these areas are subject to the CAA
section 182(d)(3) requirement to submit a plan revision that includes
the provisions required under section 185 of the Act. The SCAQMD
regulates these areas and must therefore adopt a section 185 program
for these NAAQS for inclusion in the portion of the California SIP that
applies to these areas. The SCAQMD submitted Rule 317.1 to satisfy the
requirement to submit a CAA section 185 fee program for the 1997 and
2008 ozone NAAQS. The EPA's TSD has more information about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable (see CAA section 110(a)(2))
and must not interfere with applicable requirements concerning
attainment and reasonable further progress or other CAA requirements
(see CAA section 110(l)). The EPA is also evaluating the rule for
consistency with the statutory requirements of CAA section 185.
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. ``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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Does the rule meet the evaluation criteria?
Rule 317.1 specifies how fees are calculated, payment due dates,
and reporting requirements. It also includes a provision for a facility
owner or operator to challenge the applicability of the rule to their
particular facility, as well as a provision to challenge the assigned
baseline emissions used in fee calculation.
Consistent with CAA section 185, Rule 317.1 specifies that the fee
is calculated for each major stationary source whose actual emissions
of VOC or NO<INF>X</INF> exceed 80% of its baseline
[[Page 36005]]
emissions. A source's baseline emissions are generally associated with
its emissions during the attainment year for a particular ozone NAAQS.
The baseline emissions and the fee obligation are calculated separately
for each ozone NAAQS. The fee rate is $5,000 per ton in 1990 dollars,
adjusted for inflation based on the Consumer Price Index (CPI), and
sources are to pay this fee annually for each ton emitted over the
source's baseline in that year. Facility owners or operators are to
report emissions annually.
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability and SIP revisions. The TSD has more
information on our evaluation.
C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve submitted Rule 317.1 because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until September 2, 2025. If we take final action to approve the
submitted rule, our final action will incorporate this rule into the
federally enforceable SIP.
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 SCAQMD Rule 317.1, Clean Air Act Nonattainment Fees for 8-
Hour Ozone Standards, adopted on June 7, 2024, which addresses CAA
section 185 fee program requirements. 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 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, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 17, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-14528 Filed 7-30-25; 8:45 am]
BILLING CODE 6560-50-P
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