[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33542-33544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13448]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR--2021-0014; FRL-10024-56-Region 9]
Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District
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 revision to the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD or ``the District'') portion of
the California State Implementation Plan (SIP). This revision concerns
emissions of oxides of nitrogen (NOX) and particulate matter
(PM) from indirect sources associated with new development projects as
well as NOX and PM emissions from certain transportation and
transit development projects. We are approving a local rule that
regulates these emission sources under the Clean Air Act (CAA or the
Act).
DATES: This rule will be effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0014. All documents in the docket are
listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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
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: La Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or by
email at [email protected].
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 February 25, 2021 (86 FR 11482), the EPA proposed to approve the
following rule into the California SIP.
[[Page 33543]]
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Local Agency Rule No. Rule title Amended Submitted
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SJVUAPCD..................... 9510 Indirect Source Review 12/21/17 (effective 05/23/18
(ISR). March 21, 2018).
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We proposed to approve this amended rule based on our finding that
it is consistent with the relevant requirements, policy, and guidance
regarding SIP relaxations because the rule revisions only clarify and
extend the applicability of the rule to certain additional development
projects. This revision strengthens the current SIP-approved rule. Once
approved into the SIP, Rule 9510 will become federally enforceable
under the CAA by its terms only for certain development projects within
the geographic jurisdiction covered by the SJVUAPCD. However, as
explained in our February 25, 2021 proposed rule, we continue to
conclude that the rule is not fully consistent with the relevant
requirements, policy, and guidance on enforceability such that the
State may rely on the rule for specific emissions credit in an
attainment plan. While Rule 9510 does not meet all the evaluation
criteria for full enforceability such that emissions credit can be
taken, we proposed to fully approve the submitted rule because it would
strengthen the SIP compared to the current SIP-approved rule. Our
proposed action contains more information on the rule 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 four comments on the proposal. One
comment expresses general support for the proposed action. The three
other comments are essentially the same comment, with minor variations
in wording, for which we provide a summary and response below.
Comment: Three comments stated that the rules ``should be
strengthened to a tolerable criteria for further enforceability''
before being approved.
Response: As this version of Rule 9510 would be enforceable on its
terms once approved into the SIP, we are assuming that the comments are
referring to amended Rule 9510 being ``fully enforceable,'' such that
the State may rely on it for emissions credit. Regarding whether
amended Rule 9510 is ``fully enforceable,'' we disagree that the State
needs to resolve enforceability issues identified in our proposal
before we can approve it into the SIP. As described in our proposal, we
previously approved an earlier version of this rule on May 9, 2011 (76
FR 26609) where ``we identified a number of concerns about the
enforceability of the rule's provisions, e.g., provisions that allow
project developers to pay a fee instead of implementing on-site
pollution mitigation plans, and noted that the State would need to
resolve these enforceability issues before relying on this rule for
credit in an attainment plan.'' \1\ We noted that ``[t]he District has
not addressed these concerns in the submitted rule, and we therefore
continue to conclude that the rule does not qualify for emission
reduction credit for the purpose of any attainment or progress
demonstration in any area.'' \2\ In the amended version of Rule 9510
that we are approving herein, ``the District revised the rule
applicability to include large development projects that are not
currently subject to the rule and made editorial and clarifying
changes. The revisions are generally clear and strengthen the rule.''
\3\ While this revision of Rule 9510 would continue to not meet all the
evaluation criteria for full enforceability such that the rule would
qualify for emission reduction credit, it would strengthen the SIP
compared to the current SIP-approved rule and therefore warrants
approval into the SIP.
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\1\ 86 FR 11482, 11484 (February 25, 2021).
\2\ Id.
\3\ Id.
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III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP. The December 21, 2017 version of Rule 9510 will
replace the previously-approved version of this rule 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 the
SJVUAPCD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
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).
V. 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). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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:
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 CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 33544]]
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, this 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2021. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: June 10, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA 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)(348)(i)(A)(4) and
(c)(518)(i)(E) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(348) * * *
(i) * * *
(A) * * *
(4) Previously approved on May 9, 2011 in paragraph
(c)(348)(i)(A)(3) of this section and now deleted with replacement in
(c)(518)(i)(E)(1), Rule 9510, ``Indirect Source Review (ISR),'' adopted
on December 15, 2005.
* * * * *
(518) * * *
(i) * * *
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 9510, ``Indirect Source Review (ISR),'' amended on
December 21, 2017, but not in effect until March 21, 2018.
(2) [Reserved]
* * * * *
[FR Doc. 2021-13448 Filed 6-24-21; 8:45 am]
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