[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 70996-70999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27018]



[[Page 70996]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0623; FRL-8997-01-R9]


Air Plan Approval; Arizona, California, Nevada; Emissions 
Statements Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions, under the Clean Air Act (CAA or ``Act''), to 
portions of the Arizona, California, and Nevada State Implementation 
Plans (SIPs) regarding emissions statements (ES) requirements for the 
2015 ozone national ambient air quality standards (NAAQS). We are also 
proposing to approve ES certifications (``certifications'') adopted by 
various California air districts that existing SIP-approved rules are 
adequate to meet the ES requirements for the 2015 ozone NAAQS. In 
addition, we are proposing that the following Arizona, California, and 
Nevada nonattainment areas (NAAs) meet the ES requirements for the 2015 
ozone NAAQS: Phoenix-Mesa, Yuma, Amador County, Butte County, Imperial 
County, Los Angeles-San Bernardino Counties (West Mojave Desert), Los 
Angeles-South Coast Air Basin, Nevada County (Western part), Riverside 
County (Coachella Valley), Sacramento Metro, San Diego County, San 
Francisco Bay Area, San Joaquin Valley, San Luis Obispo (Eastern part), 
Sutter Buttes, Tuolumne County, Ventura County, and Las Vegas. We are 
also proposing to approve that two NAAs meet requirements for prior 
ozone NAAQS. Finally, we are proposing that Maricopa County Air Quality 
District (MCAQD) Rule 100, section 503, which we proposed for approval 
into the SIP on February 23, 2021, meets the ES requirements for the 
2015 ozone NAAQS. We are taking comments on this proposal and plan to 
follow with a final action.

DATES: Comments must be received on or before January 13, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0623 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: Nancy Levin, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 or by 
email at [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What rules or certifications did the states submit?

    The Arizona Department of Environmental Quality (ADEQ) submitted 
rules for the Arizona Administrative Code (AAC) and Pinal County Air 
Quality Control District (AQCD) portions of the SIP. The California Air 
Resources Board submitted rules or certifications for the the Amador 
Air District (AAD), Butte County Air Quality Management District 
(AQMD), El Dorado County AQMD, Feather River AQMD, Imperial County Air 
Pollution Control District (APCD), Placer County APCD, San Luis Obispo 
County APCD, and Tuolumne County APCD portions of the California SIP. 
The Nevada Division of Environmental Protection submitted a rule for 
the Clark County Department of Air Quality (CCDAQ) portion of the 
Nevada SIP.
    Table 1 lists the rules submitted for approval into the SIP with 
the dates that the rules were adopted or revised by the local or state 
air agencies and submitted by the states to fulfill CAA section 
182(a)(3)(B) Emissions Statements (``section 182(a)(3)(B)'') 
requirements. Table 2 lists ES certifications with the dates the 
certifications were adopted by the local air agencies and submitted by 
the State of California to meet section 182(a)(3)(B) requirements.\1\ 
Tables 1 and 2 also list the dates that the EPA determined that the 
submittals met the completeness criteria in 40 Code of Federal 
Regulations (CFR) Part 51 Appendix V or were deemed by operation of law 
to meet the completeness criteria in 40 CFR part 51 Appendix V 
(``complete by operation of law'' or COL), which must be met before 
formal EPA review.
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    \1\ Neither Arizona nor Nevada submitted emissions 
certifications for the 2015 ozone NAAQS.

[[Page 70997]]



                                            Table 1--Submitted Rules
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                                                                    Adopted/
            Agency                 Rule No.        Rule title        revised        Submitted    Deemed complete
----------------------------------------------------------------------------------------------------------------
ADEQ.........................  AAC R18-2-327..  Annual                12/4/2020      12/22/2020  COL, 6/22/2020.
                                                 Emissions
                                                 Inventory
                                                 Questionnaire
                                                 and Emissions
                                                 Statement.
Pinal County AQCD............  Rule 3-1-103...  Annual                 7/1/2020       7/21/2020  COL, 1/21/2021.
                                                 emissions
                                                 inventory
                                                 questionnaire
                                                 and emissions
                                                 statement.
Amador Air District..........  Rule 428.......  Emissions             3/16/2021       6/10/2021  Letter, 9/25/
                                                 Statements.                                      2021.
Butte County AQMD............  Rule 434.......  Emissions             6/25/2020       7/27/2020  COL, 1/27/2021.
                                                 Statements.
El Dorado County AQMD........  Rule 1000......  Emission              8/25/2020       9/22/2020  COL, 3/22/2021.
                                                 Statement.
El Dorado County AQMD........  Rule 1001.1....  Emission              8/25/2020       9/22/2020  COL, 3/22/2021.
                                                 Statement
                                                 Waiver.
Feather River AQMD...........  Rule 4.8.......  Further                8/3/2020      12/15/2020  COL, 6/15/2021.
                                                 Information.
Imperial County APCD.........  Rule 116.......  Emissions             11/3/2020       2/19/2021  COL, 8/19/2021.
                                                 Statement and
                                                 Certification.
Placer County APCD...........  Rule 503.......  Emission              10/8/2020      12/15/2020  COL, 6/15/2021.
                                                 Statement.
San Luis Obispo County AQMD..  Rule 222.......  Federal               6/24/2020       7/27/2020  COL, 1/27/2021.
                                                 Emission
                                                 Statement.
Tuolumne County APCD.........  Rule 428.......  Emissions             7/21/2020        8/3/2020  COL, 2/3/2021.
                                                 Statements.
CCDAQ........................  Section 12.9.1.  Annual                8/18/2020      10/15/2020  COL, 4/15/2021.
                                                 Emissions
                                                 Statement \a\.
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\a\ NDEP submitted Section 12.9 ``Annual Emissions Statement and Inventory Requirements,'' which includes 12.9.1
  ``Annual Emissions Statement'' and 12.9.2 ``Annual Emissions Inventory.'' However, we are only acting on
  subsection 12.9.1 in this notice.


                             Table 2--Submitted Emissions Statements Certifications
                                             [2015 ozone NAAQS] \2\
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                                 Existing SIP
         Local agency           approved rule      Rule title        Adopted        Submitted         Deemed
                                     No.                                                             complete
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Antelope Valley AQMD.........  Rule 107         Certification         7/21/2020        8/3/2020  COL, 2/3/2021.
                                (2012); 78 FR    of Submissions
                                21545 (April     and Emission
                                11, 2013).       Statements.
Mojave Desert AQMD...........  Rule 107         Certification        10/28/2019      12/20/2019  COL, 6/20/2020.
                                (1992); 69 FR    and Emission
                                29880 (May 26,   Statements.
                                2004).
Northern Sierra AQMD.........  Rule 513         Emissions             1/25/2021       3/23/2021  COL, 9/23/2021.
                                (2016); 82 FR    Statements and
                                28240 (June      Recordkeeping.
                                21, 2017).
Sacramento Metropolitan AQMD.  Rule 105 (1996)  Emission              7/23/2020        8/3/2020  COL, 2/3/2021.
                                73 FR 32240      Statement.
                                (June 6, 2008).
San Diego County APCD........  Rule 19.3        Emission             10/14/2020       1/12/2021  COL, 7/12/2021.
                                (1996); 65 FR    Information.
                                12472 (March
                                9, 2000).
San Francisco Bay Area AQMD..  Reg 2-Permits 2- Federal               7/15/2020        8/3/2020  COL, 2/3/2021.
                                1-429 (2004);    Emissions
                                83 FR 23372      Statement.
                                (May 21, 2018).
San Joaquin Valley APCD......  Rule 1160        Emission              6/18/2020        8/3/2020  COL, 2/3/2021.
                                (1992); 84 FR    Statements
                                3302 (February   (1992).
                                12, 2019).
South Coast AQMD \a\.........  Rule 301         Permitting and         6/5/2020        8/3/2020  COL, 2/3/2021.
                                (2019); 84 FR    Associated
                                52005 (October   Fees
                                1, 2019).        (paragraphs
                                                 (e)(1), except
                                                 (e)(1)(C),
                                                 (e)(2), (5),
                                                 and (8) only).
Ventura County APCD..........  Rule 24 (1992);  Source                7/14/2020       7/29/2020  COL, 1/29/2021.
                                65 FR 76567      Recordkeeping,
                                (December 7,     Reporting and
                                2000).           Emission
                                                 Statements.
Yolo-Solano AQMD.............  Rule 3.18        Emission               9/9/2020       11/2/2020  COL, 5/2/2021.
                                (1992); 69 FR    Statements.
                                29880 (May 26,
                                2004).
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\2\ All certifications in this table were submitted by the State of California. The ``Adopted'' and
  ``Submitted'' and ``Deemed Complete'' dates listed in Table 2 refer to those of the certifications.
\a\ South Coast AQMD has jurisdiction over Riverside (Coachella), and Rule 301 applies to both the South Coast
  Air Basin and the Riverside (Coachella) nonattainment areas.

    In addition to the certifications for the 2015 ozone NAAQS, the San 
Francsico Bay Area is certifying that Reg 2-Permits 2-1-429 meets 
section 182(a)(3)(B) requirements for the 1997 and 2008 ozone NAAQS, 
and the San Diego County APCD is certifying that Rule 19.3 meets 
section 182(a)(3)(B) requirements for the 2008 ozone NAAQS.

B. Are there other versions of these rules?

    There are no previous versions of El Dorado County AQMD Rule 
1000.1, Amador Air District Rule 428, Tuolumne County APCD Rule 428, or 
CCDAQ Regulations section 12.9 in the SIP. Table 3 lists versions of 
rules that we previously approved into the SIP. If we take final action 
to approve the submitted versions of these rules, they will replace the 
existing SIP-approved versions.
    We approved an earlier version of MCAQD Rule 100, section 503 into 
the SIP on April 5, 2019 (84 FR 13543). On February 23, 2021 (86 FR 
10903), the EPA proposed approval on revised Rule 100, section 503, 
which, if finalized, will replace the previously approved version of 
this rule in the SIP. In this action, we are proposing that MCAQD Rule 
100, section 503, if finalized as proposed for approval into the SIP, 
will fulfill the 2015 ozone NAAQS requirement for emissions statements.

[[Page 70998]]



                  Table 3--Existing Sip-Approved Rules
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     State          Local agency           Rule          Final approval
------------------------------------------------------------------------
AZ.............  ADEQ.............  R18-2-327 Annual   77 FR 66405
                                     Emissions          (November 5,
                                     Inventory          2012).
                                     Questionnaire
                                     and Emissions
                                     Statement (1995).
AZ.............  Pinal County Air   Rule 3-1-103       61 FR 15717
                  Quality Control    Annual emissions   (April 9, 1996).
                  District           inventory
                  (PCAQCD).          questionnaire
                                     (1995).
CA.............  Butte County AQMD  Rule 434           80 FR 33195 (June
                                     Emissions          11, 2015).
                                     Statements
                                     (2013).
CA.............  El Dorado County   Rule 1000          69 FR 29880 (May
                  AQMD.              Emission           26, 2004).
                                     Statement.
CA.............  Feather River      Rule 4.8 Further   69 FR 29880 (May
                  AQMD.              Information        26, 2004).
                                     (1992).
CA.............  Imperial County    Rule 116           77 FR 72968
                  APCD.              Emissions          (December 7,
                                     Statement and      2012).
                                     Certification
                                     (2010).
CA.............  Placer County      Rule 503 Emission  77 FR 72968
                  APCD.              Statement (2010).  (December 7,
                                                        2012).
CA.............  San Luis Obispo    Rule 222 Federal   80 FR 33195 (June
                  County AQMD.       Emission           11, 2015).
                                     Statement (2014).
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C. What is the purpose of the submitted rules or certifications?

    Under the CAA, a SIP must require stationary sources in ozone NAAs 
classified as ``Marginal'' or above to report annual emissions of 
NOX and VOC. See CAA section 182(a)(3)(B). Whenever the EPA 
promulgates a new ozone NAAQS, the state must submit a new or amended 
rule to ensure that the section 182(a)(3)(B) requirements are met.
    Section 182(a)(3)(B)(i) requires states to submit a SIP revision 
that requires that owners or operators of stationary sources provide 
the state with a statement of actual emissions of VOC and 
NOX at least annually, containing a certification that the 
information is accurate.\3\
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    \3\ Section 182(a)(3)(B)(ii) ``The State may waive the 
application of clause (i) to any class or category of stationary 
sources which emit less than 25 tons per year of volatile organic 
compounds or oxides of nitrogen if the State, in its submissions 
under subparagraphs (1) or (3)(A), provides an inventory of 
emissions from such class or category of sources, based on the use 
of the emission factors established by the Administrator or other 
methods acceptable to the Administrator.''
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    In lieu of submitting a new or amended rule, the state may submit 
for SIP approval a certification that the existing SIP-approved rule 
satisfies the emissions statement requirements of CAA section 
182(a)(3)(B) for the relevant ozone NAAQS. Specifically, the preamble 
of the EPA's ``Implementation of the 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements'' states that ``[W]here an air agency determines that an 
existing regulation is adequate to meet applicable nonattainment area 
planning requirements of CAA section 182 . . . for a revised ozone 
NAAQS, that air agency's SIP revision may provide a written statement 
certifying that determination in lieu of submitting new revised 
regulations.'' \4\ The EPA's technical support document (TSD), which is 
in the docket for this rulemaking, has more information about these 
rules and certifications.
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    \4\ ``Implementation of the 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements,'' 83 FR 62998 (December 6, 2018).
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules and certifications?

    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). Areas classified as Marginal 
nonattainment or higher are subject to the requirements of CAA section 
182(a)(3)(B). Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation, and CAA requirements for the 
applicable criteria pollutants include the following:

    1. ``Implementation of the 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements,'' 83 FR 62998 (December 6, 2018).
    2. ``(Draft) Guidance on the Implementation of an Emission 
Statement Program,'' EPA, July 1992.
    3. ``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).
    4. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    5. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Do the rules and certifications meet the evaluation criteria?

    These rules and certifications meet CAA requirements and are 
consistent with relevant guidance regarding enforceability, SIP 
revisions, and emissions statement requirements. The TSD has more 
information on our evaluation.

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

    The TSD includes recommendations for the next time local agencies 
modify the rules or submit certifications.

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 and certifications because they 
fulfill all relevant requirements. We are also proposing that the 
following 2015 ozone nonattainment areas have met CAA section 
182(a)(3)(B) requirements: Phoenix-Mesa, AZ; Yuma, AZ; Amador County, 
CA; Butte County, CA; Imperial County, CA; Los Angeles-San Bernardino 
Counties, CA (West Mojave Desert); Los Angeles-South Coast Air Basin, 
CA; Nevada County (Western part), CA; Riverside County (Coachella 
Valley) CA; Sacramento Metro, CA; San Diego County, CA; San Francisco 
Bay Area, CA; San Joaquin Valley, CA; San Luis Obispo (Eastern part), 
CA; Sutter Buttes, CA; Tuolumne, County, CA; Ventura County, CA; and 
Las Vegas, NV. We are also proposing to approve that the San Francisco 
Bay Area NAA meets the emissions statements requirements for the 1997 
and 2008 ozone NAAQS, and the San Diego County NAA meets these 
requirements for the 2008 ozone NAAQS. Finally, we are proposing that 
MCAQD Rule 100, section 503, proposed for approval in a separate action 
on February 23, 2021, meets the

[[Page 70999]]

emissions statements requirements for the 2015 ozone NAAQS. We will 
accept comments from the public on this proposal until January 13, 
2022. 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 rules described in Table 1 of this preamble. The EPA has 
made, and will continue to make, these materials available through 
https://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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: December 7, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-27018 Filed 12-13-21; 8:45 am]
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