[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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