[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Proposed Rules]
[Pages 22163-22166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07919]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0754; FRL-9514-01-R9]
Air Plan Approvals; California; South Coast Air Quality
Management District, Imperial and Ventura County Air Pollution Control
Districts; Nonattainment New Source Review; 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve three state implementation plan (SIP) revisions submitted by
the State of California addressing the nonattainment new source review
(NNSR) requirements for the 2015 8-hour ozone National Ambient Air
Quality Standards
[[Page 22164]]
(NAAQS). These SIP revisions address the South Coast Air Quality
Management District (SCAQMD or ``District''), Imperial County Air
Pollution Control District (ICAPCD or ``District''), and Ventura County
Air Pollution Control District (VCAPCD or ``District'') portions of the
California SIP. This action is being taken pursuant to the Clean Air
Act (CAA or ``Act'') and its implementing regulations.
DATES: Comments must be received on or before May 16, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0754, 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://www2.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: Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background and Purpose
II. The State's Submittal
A. What did the State submit?
B. What is the purpose of the submitted certification letters?
III. Analysis of Nonattainment New Source Review Requirements
A. South Coast Air Quality Management District (SCAQMD)
B. Imperial County Air Pollution Control District (ICAPCD)
C. Ventura County Air Pollution Control District (VCAPCD)
IV. Proposed Action and Public Comment
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On October 26, 2015, the EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm).\1\ Upon promulgation of a new
or revised NAAQS, the CAA requires the EPA to designate as
nonattainment any area that is violating the NAAQS based on the three
most recent years of ambient air quality data. This action relates to
three California air districts that were designated nonattainment for
the 2015 8-hour ozone NAAQS on June 4, 2018.\2\
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\1\ 80 FR 65292 (October 26, 2015).
\2\ 83 FR 25776 (June 4, 2018).
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Within the SCAQMD, the South Coast Air Basin was classified as an
Extreme ozone nonattainment area and the Coachella Valley Air Basin was
classified as a Severe ozone nonattainment area. Within the ICAPCD,
Imperial County was classified as a Marginal ozone nonattainment area.
Within the VCAPCD, the part of Ventura County excluding the Channel
Islands of Anacapa and San Nicolas Islands was classified as a Serious
nonattainment area.
On December 6, 2018, the EPA issued a final rule entitled
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements''
(``2015 SIP Requirements Rule'') that establishes the requirements and
deadlines that state, tribal, and local air quality management agencies
must meet as they develop implementation plans for areas where ozone
concentrations exceed the 2015 8-hour ozone NAAQS.\3\ Based on the
initial nonattainment designations for the 2015 8-hour ozone standards,
each district was required to make a SIP revision addressing NNSR no
later than August 3, 2021.\4\ This requirement may be met by submitting
a SIP revision consisting of a new or revised NNSR permit program, or
an analysis demonstrating that the existing SIP-approved NNSR permit
program meets the applicable 2015 ozone requirements and a letter
certifying the analysis.
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\3\ 83 FR 62998 (December 6, 2018). The 2015 SIP Requirements
Rule addresses a range of nonattainment area SIP requirements for
the 2015 ozone NAAQS, including requirements pertaining to
attainment demonstrations, reasonable further progress (RFP),
reasonably available control technology, reasonably available
control measures, major new source review, emission inventories, and
the timing of SIP submissions and of compliance with emission
control measures in the SIP.
\4\ 40 CFR 51.1314.
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II. The State's Submittal
A. What did the State submit?
Table 1 lists the dates the submitted 2015 Ozone Certification
letters addressed by this proposal were adopted by each air district
and submitted by the California Air Resources Board (CARB), the agency
that serves as the governor's designee for California SIP submittals.
Table 1--Submitted Certification Letters
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Cover letter
District Adoption date Submittal date date
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South Coast AQMD............................................. 6/4/2021 8/3/2021 8/3/2021
Imperial County APCD......................................... 6/22/2021 8/3/2021 8/3/2021
Ventura County APCD.......................................... 6/8/2021 8/3/2021 8/3/2021
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CARB's August 3, 2021, submittal of the SCAQMD, ICAPCD, and VCAPCD
2015 Certification letters were deemed by operation of law on February
3, 2022, to meet the completeness criteria in 40 CFR part 51, appendix
V, which must be met before formal EPA review.
B. What is the purpose of the submitted certification letters?
The submittal from each district is intended to satisfy the 2015
SIP Requirement Rule that requires states to
[[Page 22165]]
make a SIP revision addressing nonattainment new source review. The SIP
for each district currently contains approved NNSR permit programs
based on their nonattainment classification for the 2008 8-hour ozone
NAAQS. The submitted certification letters provide a mechanism for each
district to satisfy the 40 CFR 51.1314 submittal requirements based on
their 2015 8-hour ozone nonattainment designations. The EPA's analysis
of how these SIP revisions address the NNSR requirements for the 2015
8-hour ozone NAAQS is provided below.
III. Analysis of Nonattainment New Source Review Requirements
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
within a nonattainment area and is required under CAA sections
172(c)(5) and 173.
As mentioned in Section I of this document, NNSR permit program
requirements were adopted for the 2015 ozone NAAQS at 40 CFR 51.1314 by
the implementation rule for the 2015 8-hour ozone NAAQS.\5\ The minimum
SIP requirements for NNSR permitting programs for the 2015 8-hour ozone
NAAQS are contained in 40 CFR 51.165. These NNSR program requirements
include those promulgated in the 2015 SIP Requirements Rule
implementing the 2015 8-hour ozone NAAQS. The SIP for each ozone
nonattainment area must contain NNSR provisions that: (1) Set major
source thresholds for nitrogen oxides (NOX) and volatile
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (a)(1)(iv)(A)(2); (2) classify physical changes as a major
source if the change would constitute a major source by itself pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider
any increase of VOC emissions in Extreme ozone nonattainment areas as a
significant net emissions increase and a major modification for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant emissions
rates for VOC and NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); (6) contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); (7)
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); (8) set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(ii)-(iv);
and (9) require public participation procedures compliant with 40 CFR
51.165(i).
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\5\ 83 FR 62998.
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A. South Coast Air Quality Management District (SCAQMD)
The SCAQMD's longstanding SIP-approved NNSR program,\6\ established
in Regulation XIII, ``New Source Review,'' of the SCAQMD's Rules and
Regulations, applies to the construction and modification of stationary
sources, including major stationary sources in nonattainment areas
under its jurisdiction. The SCAQMD's submitted SIP revision includes a
compliance demonstration, consisting of a table listing each of the
2015 ozone NAAQS NNSR SIP requirements from 40 CFR 51.165 and a
citation to the specific provision of the rule satisfying the
requirement. The submittal also includes a certification by the SCAQMD
that the cited rules meet the federal NNSR requirements for the
applicable ozone nonattainment designations. These documents are
available in the docket for this action. The EPA has reviewed the
demonstration and cited program elements intended to meet the federal
NNSR requirements and is proposing to approve the SCAQMD's submittal
because the current SIP-approved NSR program satisfies all the 2015 SIP
Requirements Rule NNSR program requirements applicable to the South
Coast Air Basin as an Extreme ozone nonattainment area, and all the
requirements applicable to the Coachella Valley Air Basin as a Severe
ozone nonattainment area.
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\6\ 61 FR 64291 (December 4, 1996); 64 FR 13514, (March 19,
1999); 71 FR 35157 (June 19, 2006); 83 FR 64026 (December 13, 2018).
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B. Imperial County Air Pollution Control District (ICAPCD)
The ICAPCD's SIP-approved NNSR program,\7\ established in Rule 207,
``New and Modified Stationary Source Review,'' of the ICAPCD's Rules
and Regulations, applies to the construction and modification of
stationary sources, including major stationary sources in nonattainment
areas under its jurisdiction. The ICAPCD's submitted SIP revision
includes a compliance demonstration, consisting of a table listing each
of the 2015 ozone NAAQS NNSR SIP requirements from 40 CFR 51.165 and a
citation to the specific provision of the rule satisfying that
requirement. The submittal also includes a certification by the ICAPCD
that the cited rules meet the federal NNSR requirements for the
applicable ozone nonattainment designation. These documents are
available in the docket for this action. The EPA has reviewed the
demonstration and cited program elements intended to meet the federal
NNSR requirements and is proposing to approve the ICAPCD's submittal
because the current SIP-approved NSR program satisfies all the 2015 SIP
Requirements Rule NNSR program requirements applicable to Imperial
County as a Marginal nonattainment area.
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\7\ 84 FR 44545 (August 26, 2019).
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C. Ventura County Air Pollution Control District (VCAPCD)
The VCAPCD's SIP-approved NNSR program,\8\ established in Rule 26,
``New Source Review,'' of the VCAPCD's Rules and Regulations, applies
to the construction and modification of stationary sources, including
major stationary sources in nonattainment areas under its jurisdiction.
The VCAPCD's submitted SIP revision includes a compliance
demonstration, consisting of a table listing each of the 2015 ozone
NAAQS NNSR SIP requirements from 40 CFR 51.165 and a citation to the
specific provision of the rule satisfying that requirement. The
submittal also includes a certification by the VCAPCD that the cited
rules meet the federal NNSR requirements for the applicable ozone
nonattainment designation. These documents are available in the docket
for this action. The EPA has reviewed the demonstration and cited
program elements intended to meet the federal NNSR requirements and is
proposing to approve the VCAPCD's submittal because the current SIP-
approved NSR program satisfies all the 2015 SIP Requirements Rule NNSR
program requirements applicable to Ventura County as a Serious
nonattainment area.
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\8\ 75 FR 1284 (January 11, 2010).
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IV. Proposed Action and Public Comment
The EPA is proposing to approve SIP revisions addressing the NNSR
requirements for the 2015 8-hour ozone NAAQS for the SCAQMD, the
ICAPCD, and the VCAPCD. In support of this proposed action, we have
concluded that our approval of the submitted 2015 ozone certifications
for each district would comply with section 110(l) of the Act because
the submittals will not interfere with continued attainment of the
NAAQS in each district. The EPA has concluded that the State's
submission fulfills the 40 CFR 51.1314 revision requirement and meets
the requirements of CAA sections 110, 172(c)(5), 173, and 182(a)(2)(C),
and the minimum SIP requirements of 40 CFR
[[Page 22166]]
51.165. If we finalize this action as proposed, our action will
incorporate these certifications into the federally enforceable SIP and
be codified through revisions to 40 CFR 52.220 (Identification of
plan--in part).
We will accept comments from the public on this proposal until May
16, 2022.
V. Incorporation by Reference
In this proposed 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 certifications listed in Table 1 of this
preamble. The EPA has made, and will continue to make, these materials
available electronically 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).
VI. 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, as appropriate, disproportionate human health or
environmental effects, using practicable 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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 7, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-07919 Filed 4-13-22; 8:45 am]
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