Rule2026-00006
Air Plan Revision; California; Placer County Air Pollution Control District; New Source Review
Primary source
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Published
January 6, 2026
Effective
February 5, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a permitting rule submitted as a revision to the Placer County Air Pollution Control District (PCAPCD or "District") portion of the California state implementation plan (SIP). This revision concerns the District's Nonattainment New Source Review permitting program for new and modified major stationary sources of air pollution in nonattainment areas under part D of title I of the Clean Air Act (CAA or "Act"). We are approving a local rule that has been revised to address deficiencies previously identified by the EPA in a prior action that included a limited approval and limited disapproval of a prior version of the rule. This final action stops all sanction and Federal implementation plan clocks started by our September 26, 2023 limited approval and limited disapproval and deferred by our April 2, 2025 interim final determination.
Full Text
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<title>Federal Register, Volume 91 Issue 3 (Tuesday, January 6, 2026)</title>
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[Federal Register Volume 91, Number 3 (Tuesday, January 6, 2026)]
[Rules and Regulations]
[Pages 337-339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00006]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0620; FRL-12530-03-R9]
Air Plan Revision; California; Placer County Air Pollution
Control District; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a permitting rule submitted as a revision to the
Placer County Air Pollution Control District (PCAPCD or ``District'')
portion of the California state implementation plan (SIP). This
revision concerns the District's Nonattainment New Source Review
permitting program for new and modified major stationary sources of air
pollution in nonattainment areas under part D of title I of the Clean
Air Act (CAA or ``Act''). We are approving a local rule that has been
revised to address deficiencies previously identified by the EPA in a
prior action that included a limited approval and limited disapproval
of a prior version of the rule. This final action stops all sanction
and Federal implementation plan clocks started by our September 26,
2023 limited approval and limited disapproval and deferred by our April
2, 2025 interim final determination.
DATES: This rule is effective February 5, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0620. 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
[[Page 338]]
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: Po-Chieh Ting, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3191; email address: <a href="/cdn-cgi/l/email-protection#8adee3e4eda4fae5e9e2e3efe2caeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="2f7b464148015f404c47464a476f4a5f4e01484059">[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 April 2, 2025, the EPA proposed to approve PCAPCD Rule 502,
``New Source Review,'' into the California SIP.\1\ This rule
constitutes part of the District's program for preconstruction review
and permitting of new or modified stationary sources under its
jurisdiction. The rule revisions that are the subject of this action
represent an update to the District's preconstruction review and
permitting program and are intended to satisfy the requirements under
part D of title I of the Act (``Nonattainment NSR'' or ``NNSR'').
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\1\ 90 FR 14426 (April 2, 2025).
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Local agency Rule No. Rule title Amended Submitted
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PCAPCD.................................. 502 New Source Review.............. 6/13/24 11/15/24
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We proposed to approve Rule 502 because we determined that it
complies with the relevant CAA requirements. As described in our April
2, 2025 proposed action, the EPA's final approval of Rule 502 corrects
deficiencies identified in our September 26, 2023 limited disapproval
action.\2\ Our proposed action contains more information on Rule 502
and our evaluation.
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\2\ 88 FR 65816 (September 26, 2023).
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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 that addresses air quality
generally but is not germane to the action.
III. EPA Action
No comments were submitted that change our assessment of Rule 502
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing
approval of Rule 502. This action incorporates the submitted Rule 502
into the California SIP and will replace the previously approved
version of Rule 502 in the SIP.\3\ The approval of Rule 502 resolves
all deficiencies forming the basis for our previous limited disapproval
in 2023 of the prior version of Rule 502. This action also permanently
terminates all sanction and Federal implementation plan clocks started
by our September 26, 2023 limited approval and limited disapproval
action and deferred by our April 2, 2025 interim final
determination.\4\
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\3\ As described in the EPA's April 2, 2025 proposed action, the
EPA previously issued a limited approval of Rule 502 on September
26, 2023 (88 FR 65816). See 90 FR 14426 and 14427 (April 2, 2025),
Table 2.
\4\ 88 FR 65816 (September 26, 2023); 90 FR 14414 (April 2,
2025).
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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 PCAPCD
Rule 502, ``New Source Review,'' amended on June 13, 2024, which
contains the District's Nonattainment New Source Review stationary
source permitting program. 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 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> 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 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
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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 March 9, 2026. 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 enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 11, 2025.
Michael Martucci,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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)(595)(i)(A)(3) and
(c)(630) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(595) * * *
(i) * * *
(A) * * *
(3) Previously approved on September 26, 2023, in paragraph
(c)(595)(i)(A)(2) of this section and now deleted with replacement in
(c)(630)(i)(A)(1) of this section: Rule 502, ``New Source Review,''
amended on August 12, 2021.
* * * * *
(630) The following regulations were submitted electronically on
November 15, 2024, by the Governor's designee as an attachment to a
letter dated November 13, 2024.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 502, ``New Source Review,'' amended on June 13, 2024.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2026-00006 Filed 1-5-26; 8:45 am]
BILLING CODE 6560-50-P
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