[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78908-78910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R09-OAR-2022-0623; FRL-10031-01-R9]


Clean Air Act Operating Permit Program; California; San Diego 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the Clean Air Act (CAA or ``Act'') Operating 
Permit Program (title V) of the San Diego County Air Pollution Control 
District (SDCAPCD or ``District'') in California. Once approved by the 
EPA, these program revisions will modify the major source title V 
potential to emit (PTE) thresholds to conform with the recent 
reclassification of the San Diego County ozone nonattainment area to 
``Severe'' for the 2008 and 2015 ozone National Ambient Air Quality 
Standards (NAAQS). We are taking comments on these proposed revisions 
and publish our final action approving these revisions elsewhere in 
this issue of the Federal Register in a direct final rule.

DATES: Comments must be received on or before January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0623 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: La Weeda Ward, Permits Office (Air-3-
1), U.S. Environmental Protection Agency, Region IX, (213) 244-1812, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA. This proposal addresses the following 
local rule: SDCAPCD Rule 1401, ``Title V Operating Permits--General 
Provisions.'' In the Final Rules section of this Federal Register, the 
EPA is approving the District's submissions and making administrative 
updates as a direct final rule without prior proposal because we view 
this as a noncontroversial action and anticipates no adverse comments. 
A detailed rationale for the action is set forth in the preamble to the 
direct final rule. If the EPA receives no adverse comments, the EPA 
contemplates no further action. If the EPA receives adverse comments, 
the EPA will withdraw the direct final rule and will address all public 
comments in a subsequent final rule based on this proposed rule. We do 
not plan to open a second comment period on this action, so anyone 
interested in commenting should do so at this time. Please note that if 
the EPA receives an adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, the EPA may adopt as final those provisions of 
the rule that are not the subject of an adverse comment. For additional 
information, see the direct final rule of the same title that is 
located in the Final Rules section of this Federal Register.

Table of Contents

I. Background
II. What are the requirements for approval of revisions to Title V 
programs?
III. What is the State's proposed Title V program revision?

[[Page 78909]]

I. Background

    The CAA Amendments of 1990 include title V, which requires states 
to develop an operating permits program that meets the Federal criteria 
codified in title 40 of the Code of Federal Regulations (CFR) part 70. 
The title V program requires certain sources of air pollution to obtain 
Federal operating permits from their respective states. These Federal 
operating permits improve enforcement and compliance by consolidating 
all applicable Federal requirements into one federally enforceable 
document. Before a state can issue permits under 40 CFR part 70 (which 
are referred to as ``title V permits''), the EPA must approve its 
programs as amendments to appendix A of 40 CFR part 70. States may 
submit revisions to their approved programs for EPA approval.
    Title V of the CAA applies to ``major stationary sources'' as 
defined in title I, part D of the Act. The regulations at 40 CFR 70.2 
and 40 CFR 51.165(a)(1)(iv)(A) base the definition of ``major 
stationary source'' on the nonattainment classification of the area 
where the source is located. Table 1 shows the attainment/non-
attainment/unclassifiable status for the applicable NAAQS within the 
District's jurisdictional boundary. As shown in Table 1, SDCAPCD's 
jurisdiction is classified as Severe-15 nonattainment for the 2008 and 
2015 8-hour ozone NAAQS.\1\ The area is designated attainment/
unclassifiable for all other NAAQS. See 40 CFR 81.305.
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    \1\ The EPA reclassified the San Diego region to a Severe ozone 
nonattainment area, effective July 2, 2021. This reclassification to 
Severe means that a major stationary source is now defined as a 
source emitting 25 tons or more per year of either oxides of 
nitrogen or volatile organic compounds. 86 FR 29522 (June 2, 2021).

                 Table 1--Air Quality Attainment Status
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                                                   San Diego County  (NA
                                                     = Non-attainment/
                                                   Classification,  A =
            NAAQS pollutant/standards                Attainment,  M =
                                                     Maintenance,  U =
                                                       Unclassified)
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Ozone 2008 8-Hour...............................  NA, Severe-15.
Ozone 2015 8-Hour...............................  NA, Severe-15.
Nitrogen dioxide (NO2)..........................  A/U.
PM2.5 2012 24-Hour..............................  A/U.
PM10 1987 24-Hour...............................  A/U.
Sulfur dioxide (SO2) 2010 Standards.............  A/U.
Carbon monoxide 1971 Standards..................  A/U.
Lead (pb) 2008 Standards........................  A/U.
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    The emission thresholds above which a title V operating permit is 
required pursuant to 40 CFR 70.3(a) and 40 CFR 51.165(a)(1)(iv)(A)(1) 
and (2) are shown in Table 2.

                                     Table 2--Title V Emissions Thresholds a
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                                                                    VOC or NOX                      PM10  (tpy)
            Non-attainment designation/classification                  (tpy)         CO  (tpy)
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Marginal........................................................             100             100             100
Moderate........................................................             100             100             100
Serious.........................................................              50              50              70
Ozone transport region (other than Severe or Extreme)...........              50  ..............  ..............
Severe..........................................................              25  ..............  ..............
Extreme.........................................................              10  ..............  ..............
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a 40 CFR 51.165(a)(1)(iv)(A).

II. What are the requirements for approval of revisions to Title V 
programs?

    Pursuant to 40 CFR 70.4(i), either the EPA or the state may 
initiate a title V program revision ``when the relevant Federal or 
State statutes or regulations are modified or supplemented.'' It is the 
responsibility of the state to keep the EPA apprised of any proposed 
modifications to its basic statutory or regulatory authority or 
procedures. Revision of a state program shall be accomplished as 
follows:
    (a) The state submits a modified program description, attorney 
general's statement (if necessary for expanded or additional 
authority), or other documents as the EPA determines to be necessary. 
40 CFR 70.4(i)(2)(i).
    (b) After the EPA receives a proposed program revision, it will 
publish a notice of the proposed change in the Federal Register and 
provide for a public comment period of at least 30 days. 40 CFR 
70.4(i)(2)(ii).
    (c) The Administrator shall approve or disapprove program revisions 
based on the requirements of 40 CFR part 70 and the Act. 40 CFR 
70.4(i)(2)(iii).
    (d) The EPA must publish a notice of approval in the Federal 
Register for any substantial program revisions. 40 CFR 70.4(i)(2)(iv).
    (e) Approval of nonsubstantial revisions may be given by a letter 
from the Administrator to the Governor or a designee. 40 CFR 
70.4(i)(2)(iv).
    (f) A program revision shall become effective upon the approval of 
the Administrator. 40 CFR 70.4(i)(2)(iv).

III. What is the State's proposed Title V program revision?

    Table 3 lists the rules submitted as part of the SDCAPCD's title V 
program revisions and the dates they were adopted by the District and 
submitted by the California Air Resources Board

[[Page 78910]]

(CARB), which is the Governor's designee for California rule 
submittals.\2\
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    \2\ Rule 1401 was amended to revise the definitions of 
``complete application'' and ``major stationary source.'' A detailed 
explanation of the EPA's evaluation of these proposed revisions as 
well as a change copy of the revised rule can be found in the 
Technical Support Document (TSD) and docket.

                        Table 3--Submitted Rules
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                                                          Submitted date
       Rule No.            Rule title      Amended date         \a\
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1401..................  Title V               10/14/2021       1/24/2022
                         Operating
                         Permits--Genera
                         l Provisions.
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\a\ CARB transmitted the submittal to the EPA by a letter dated January
  20, 2022.

    SDCAPCD revised the definition of ``complete application'' in Rule 
1401 to incorporate Rule 1418,\3\ ``Action on Applications,'' Section 
(a): Completeness Determination, by reference.
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    \3\ All references to SDCAPCD Rule 1418 refer to the current 
EPA-approved version of this rule. 68 FR 74871 (December 29, 2003). 
Any future changes to Rule 1418 that amend Section (a) of this rule 
will necessitate a conforming amendment to Rule 1401 and a 
subsequent title V program revision.
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    Additionally, SDCAPCD revised the definition of a major stationary 
source in Rule 1401, Section (c)(26), to incorporate Rule 20.1,\4\ 
``New Source Review-General Provisions,'' Section (c)(30), ``Federal 
Major Stationary Source'' by reference. Rule 20.1 contains the 
definition of a ``Federal Major Stationary Source'' pursuant to 40 CFR 
70.2, Definitions, ``Major source.''
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    \4\ All references to SDCAPCD Rule 20.1 refer to the current 
SIP-approved version of this rule. 87 FR 58729 (September 28, 2022). 
A correction to this final rule was published on October 27, 2022 
(87 FR 65015). Any future changes to Rule 20.1 that amend Table 
20.1-5b of this rule will necessitate a conforming amendment to Rule 
1401 and a subsequent title V program revision.
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List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-27724 Filed 12-22-22; 8:45 am]
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