[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Rules and Regulations]
[Pages 58729-58732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20588]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0306; FRL-9713-03-R9]


Air Quality State Implementation Plans; Approvals and 
Promulgations: California; San Diego County Air Pollution Control 
District; Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve four permitting rules submitted as a revision to the 
San Diego County Air Pollution Control District (SDAPCD or 
``District'') portion of the California State Implementation Plan 
(SIP). These revisions concern the District's New Source Review (NSR) 
permitting program for new and modified sources of air pollution under 
section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA or 
``Act''). This action will update the District's applicable SIP with 
rules revised to address a deficiency identified in our September 16, 
2020 limited disapproval

[[Page 58730]]

action. On May 12, 2022, we made an interim final determination that 
deferred the imposition of CAA sanctions associated with our September 
16, 2020 limited disapproval action. This final approval stops all 
sanction and federal implementation plan clocks started by our 
September 16, 2020 limited approval and limited disapproval. This 
action also finalizes regulatory text to clarify that San Diego County 
is not subject to the Federal Implementation Plan related to protection 
of visibility from sources in nonattainment areas.

DATES: This rule is effective October 28, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2022-0306. 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. 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: Laura Yannayon, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3534 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 May 12, 2022, the EPA proposed to approve the following rules 
listed in Table 1 into the California SIP and simultaneously made an 
interim final determination that deferred sanctions triggered by the 
September 16, 2020 limited disapproval of Rule 20.1.1 2 
These rules constitute part of the District's current program for 
preconstruction review and permitting of new or modified stationary 
sources under its jurisdiction. The rule revisions that are the subject 
of this action represent an update to the District's preconstruction 
review and permitting program and are intended to satisfy the 
requirements under part D of title I of the Act (``Nonattainment NSR'' 
or ``NNSR'') as well as the general preconstruction review requirements 
under section 110(a)(2)(C) of the Act (``Minor NSR''). We are approving 
these rules because we determined that they comply with the relevant 
CAA requirements. Our proposed action contains more information on the 
rules and our evaluation.\3\
---------------------------------------------------------------------------

    \1\ 87 FR 29048, May 12, 2022, Determination To Defer Sanctions; 
California; San Diego County Air Pollution Control District (Interim 
Final Determination).
    \2\ 85 FR 57727, September 16, 2020, Approval and Limited 
Approval and Limited Disapproval of California Air Plan Revisions; 
San Diego County Air Pollution Control District; Stationary Source 
Permits.
    \3\ 87 FR 29105, May 12, 2022, Air Quality State Implementation 
Plans; Approvals and Promulgations: California; San Diego County Air 
Pollution Control District; Permits (Proposed Rule).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                Rule No.                             Rule title                Amended date      Submitted date
----------------------------------------------------------------------------------------------------------------
11.....................................  Exemptions From Rule 10 Permit              7/8/2020          9/21/2020
                                          Requirements.
20.1...................................  New Source Review--General                10/14/2021           2/2/2022
                                          Provisions.
20.3 *.................................  New Source Review--Major                  10/14/2021           2/2/2022
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4 *.................................  New Source Review--Portable               10/14/2021           2/2/2022
                                          Emission Units.
----------------------------------------------------------------------------------------------------------------
* The following subsections of the Rules 20.3 and 20.4 were not submitted to the EPA for inclusion in the San
  Diego SIP: Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4
  Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).

    The SIP-approved versions of the submitted rules are identified 
below in Table 2.

                                           Table 2--SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                Federal Register
                Rule No.                             Rule title             SIP approval date       citation
----------------------------------------------------------------------------------------------------------------
11.....................................  Exemptions.......................            10/4/18        83 FR 50007
20.1...................................  New Source Review--General                   9/16/20        85 FR 57727
                                          Provisions.
20.3...................................  New Source Review--Major                     9/16/20        85 FR 57727
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4...................................  New Source Review--Portable                  9/16/20        85 FR 57727
                                          Emission Units.
----------------------------------------------------------------------------------------------------------------

    The rules listed in Table 2 are being replaced in the SIP by the 
submitted set of rules listed in Table 1. Additionally, as described in 
our proposal, the EPA's final approval of Rule 20.1 addresses our 
September 16, 2020 limited disapproval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, no comments were submitted on our proposal.

III. EPA Action

    No comments were submitted on our proposal. Therefore, as 
authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is 
approving the submitted rules. This action incorporates the

[[Page 58731]]

submitted rules in the California SIP and replaces the previously 
submitted rules listed in Table 2. This approval stops all sanction and 
federal implementation plan clocks started by our September 16, 2020 
limited approval and limited disapproval.

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 rules 
described in Section I of this preamble and set forth below in the 
amendments to 40 CFR part 52. The EPA has made, and will continue to 
make, these documents 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).

V. 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 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); and
     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.
    The state did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of E.O 12898 of achieving 
environmental justice for people of color, low-income populations, and 
indigenous peoples.
    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).
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 28, 2022. 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, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen oxides, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: September 15, 2022.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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)(488)(i)(A)(6), 
(c)(508)(i)(A)(10), (11), and (12), and (c)(557)(i)(B), adding reserved 
paragraph (c)(587), and adding paragraph (c)(588) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (488) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on October 4, 2018 in paragraph 
(c)(488)(i)(A)(3) of this section and now deleted with replacement in 
paragraph (c)(557)(i)(B)(1) of this section, Rule 11, ``Exemptions From 
Rule 10 Permit Requirements,'' revision adopted on July 8, 2020.
* * * * *
    (508) * * *
    (i) * * *
    (A) * * *
    (10) Previously approved on September 16, 2020 in paragraph 
(c)(508)(i)(A)(6) of this section and now deleted with replacement in 
paragraph (c)(588)(i)(A)(1) of this section, Rule 20.1, ``New Source 
Review--General Provisions,'' revision adopted on October 14, 2021.
    (11) Previously approved on September 16, 2020 in paragraph 
(c)(508)(i)(A)(8) of this section and now deleted with replacement in 
paragraph (c)(588)(i)(A)(2) of this section, Rule 20.3, ``New Source 
Review--Major Stationary Sources and PSD Stationary

[[Page 58732]]

Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), 
(d)(2)(vi)(B) and (d)(3)), revision adopted on October 14, 2021.
    (12) Previously approved on September 16, 2020 in paragraph 
(c)(508)(i)(A)(9) of this section and now deleted with replacement in 
paragraph (c)(588)(i)(A)(3) of this section, Rule 20.4, ``New Source 
Review--Portable Emission Units'' (except subsections (b)(2), (b)(3), 
(d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and 
(d)(5)), revision adopted on October 14, 2021.
* * * * *
    (557) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Rule 11 ``Exemptions From Rule 10 Permit Requirements,'' 
revision adopted on July 8, 2020.
    (2) [Reserved]
* * * * *
    (587) [Reserved]
    (588) The following regulations were submitted on February 2, 2022 
by the Governor's designee as an attachment to a letter dated January 
31, 2022.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District.
    (1) Rule 20.1 ``New Source Review--General Provisions,'' revision 
adopted on October 14, 2021.
    (2) Rule 20.3 ``New Source Review--Major Stationary Sources and PSD 
Stationary Sources,'' (except subsections (d)(1)(vi), (d)(2)(i)(B), 
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on October 14, 
2021.
    (3) Rule 20.4 ``New Source Review--Portable Emission Units,'' 
(except subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), 
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on 
October 14, 2021.
    (B) [Reserved]
    (ii) [Reserved]

0
3. Section 52.281 is amended by revising paragraph (d) to read as 
follows:


Sec.  52.281  Visibility protection.

* * * * *
    (d) The provisions of Sec.  52.28 are hereby incorporated and made 
part of the applicable plan for the State of California, except for the 
air pollution control districts listed in paragraphs (d)(1) through (6) 
of this section. The provisions of Sec.  52.28 remain the applicable 
plan for any Indian reservation lands, and any other area of Indian 
country where the EPA or an Indian tribe has demonstrated that a tribe 
has jurisdiction, located within the State of California, including any 
such areas located in the air pollution control districts listed in 
paragraphs (d)(1) through (6) of this section.
    (1) Monterey County air pollution control district;
    (2) Sacramento County air pollution control district;
    (3) Calaveras County air pollution control district;
    (4) Mariposa County air pollution control district;
    (5) Northern Sierra air quality management district; and
    (6) San Diego County air pollution control district.
* * * * *
[FR Doc. 2022-20588 Filed 9-27-22; 8:45 am]
BILLING CODE 6560-50-P