[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17567-17569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06928]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0476; FRL-10021-53-Region 9]


Air Plan Approval; California; Antelope Valley Air Quality 
Management District, East Kern Air Pollution Control District, and 
Yolo-Solano Air Quality Management District; Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Antelope Valley Air Quality Management 
District (AVAQMD), East Kern Air Pollution Control District (EKAPCD), 
and Yolo-Solano Air Quality Management District (YSAQMD) portions of 
the California State Implementation Plan (SIP). These revisions concern 
emissions of oxides of nitrogen (NOX) from boilers, steam 
generating units, process heaters, and stationary internal combustion 
engines. We are proposing to approve local rules to regulate these 
emission sources under the Clean Air Act (CAA or the Act). We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by May 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0476 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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: Kevin Gong, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone at (415) 972-3073 and 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

[[Page 17568]]

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve The Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agencies, submitted by the 
California Air Resources Board (CARB), and the date that either a 
completeness determination was made, or the dates they were deemed 
complete by operation of law to meet the completeness criteria in 40 
CFR part 51 appendix V, which must be met before formal EPA review.

                                                                Table 1--Submitted Rules
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       Local agency                 Rule No.               Rule title                    Local action                  Submitted      Completeness date
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AVAQMD...................  1110.2...................  Emissions from        Revised 09/18/2018....................      10/30/2018  Complete by
                                                       Stationary, Non-                                                              operation of law on
                                                       Road and Portable                                                             04/30/2019.
                                                       Internal Combustion
                                                       Engines.
EKAPCD...................  425.2....................  Boilers, Steam        Revised 01/11/2018....................      08/22/2018  Completeness
                                                       Generators, and                                                               determination on 02/
                                                       Process Heaters                                                               11/2019.
                                                       (Oxides of
                                                       Nitrogen).
YSAQMD...................  2.27.....................  Large Boilers.......  Revised 05/15/2019....................      08/19/2019  Complete by
                                                                                                                                     operation of law on
                                                                                                                                     02/19/2020.
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B. Are there other versions of these rules?

    There are no previous versions of AVAQMD Rule 1110.2 in the SIP. 
The AVAQMD inherited a version of Rule 1110.2 from the South Coast Air 
Quality Management District (SCAQMD) into their local rule book when 
the AVAQMD became independent from the South Coast. The AVAQMD revised 
this rule on May 15, 2001, and again on January 21, 2003, and the CARB 
submitted the 2003 version to us on April 1, 2003. We proposed a 
limited approval and limited disapproval on the January 21, 2003 
version of the rule on April 21, 2004 (69 FR 21482), but we did not 
finalize that rulemaking. We have approved subsequent versions of 
SCAQMD Rule 1110.2 into the California SIP, but none of the versions of 
that rule apply to the jurisdiction of the AVAQMD.
    We approved an earlier version of EKAPCD Rule 425.2 into the SIP on 
October 28, 1999 (64 FR 57991).
    We approved an earlier version of YSAQMD Rule 2.27 into the SIP on 
June 17, 1997 (62 FR 32691).

C. What is the purpose of the submitted rules?

    Emissions of NOX help produce ground-level ozone, smog 
and particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NOX emissions. The submitted rules control 
NOX through requiring compliance with emission limits, work 
practice standards, and other operational requirements.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each major source of NOX in ozone 
nonattainment areas classified as Moderate or above (see CAA sections 
182(b)(2) and (f)). The AVAQMD regulates a portion of the West Mojave 
Desert nonattainment area, which is classified as Severe for the 1997 
8-hour national ambient air quality standard (NAAQS), 2008 8-hour 
NAAQS, and 2015 8-hour NAAQS. The EKAPCD regulates the Kern County 
(East Kern) nonattainment area, which is classified as Serious for the 
2008 NAAQS, and Moderate for the 1997 and 2015 NAAQS. The YSAQMD 
regulates a portion of the Sacramento Metro nonattainment area, which 
is classified as Severe for the 1997 and 2008 NAAQS, and Moderate for 
the 2015 NAAQS (See 40 CFR 81.305 for attainment designations). 
Therefore, all the districts' rules must implement RACT. The EPA's 
determination that a jurisdiction has implemented RACT for applicable 
sources, including major sources of NOX, is usually done in 
the context of a state's demonstration that the EPA has approved local 
rules in their SIP that meet all relevant CAA requirements for 
stringency and enforceability. This demonstration is known as a RACT 
SIP.
    The EPA previously found that the AVAQMD failed to demonstrate 
adequately stringent requirements in their RACT SIPs for major sources 
of NOX under the nonattainment requirements for the 2008 
ozone NAAQS.\1\ The AVAQMD, via the CARB, subsequently made commitments 
to submit new or revised regulations intended to implement RACT within 
one year of the EPA's final rules for the AVAQMD. The EPA cited these 
commitments in our conditional approvals of the AVAQMD 2008 ozone RACT 
SIP on October 10, 2017 (82 FR 46923). AVAQMD Rule 1110.2 was submitted 
in part to address a portion of the conditional approval.
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    \1\ See 40 CFR 52.248(b) for the conditional approval of the 
AVAQMD 2008 Ozone RACT SIP.
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    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,''

[[Page 17569]]

EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' 
(EPA-453/R-94-022, March 1994).
    5. ``Alternative Control Techniques Document--NOX 
Emissions from Process Heaters (Revised),'' revised September 1993 
(EPA-453/R-93-034 1993/09).
    6. ``Alternative Control Techniques Document--NOX 
Emissions from Stationary Reciprocating Internal Combustion 
Engines'' (EPA-453/R-93-032, July 1993).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability, RACT, and SIP revisions. The TSDs 
have more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agencies modify their rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until May 5, 2021. If we take final action to approve the submitted 
rules, our final action will incorporate these rules 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 the California air district rules described in Table 1 of 
this preamble. The EPA has made, and will continue to make, these 
materials available through www.regulations.gov 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:
     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 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    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 dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 30, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-06928 Filed 4-2-21; 8:45 am]
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