[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Proposed Rules]
[Pages 4586-4588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0090; FRL-9528-01-R9]


Air Plan Approval; California; Feather River Air Quality 
Management District; 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 a state implementation plan (SIP) revision submitted by the 
State of California addressing the nonattainment new source review 
(NNSR) requirements for the 2015 ozone National Ambient Air Quality 
Standards (NAAQS). This SIP revision addresses the Feather River Air 
Quality Management District (``District'') portion 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 February 23, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0090, 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: 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 letter?

[[Page 4587]]

III. Analysis of Nonattainment New Source Review Requirements
IV. Proposed Action and Public Comment
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 26, 2015, the EPA promulgated a revised 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 the two portions of 
the District that were designated nonattainment for the 2015 ozone 
NAAQS on June 4, 2018.\2\ The southern portion of Sutter County, which 
is part of the Sacramento Metro nonattainment area (also referred to as 
Sacramento Federal Nonattainment Area or SFNA), was designated as 
``Moderate'' nonattainment. The Sutter Buttes portion of Sutter County 
was designated as ``Marginal'' nonattainment. On October 28, 2021, the 
EPA issued a final rule reclassifying the Sacramento Metro 
nonattainment area as ``Serious'' for the 2015 ozone NAAQS.\3\ However, 
because the District only certified their NNSR program satisfies the 
requirements for a Moderate area, this action is only proposing to 
approve the District's certification as it pertains to a Moderate ozone 
nonattainment area.
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    \1\ 80 FR 65292 (October 26, 2015).
    \2\ 83 FR 25776 (June 4, 2018).
    \3\ 86 FR 59648, 59651 (October 28, 2021).
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    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'') which 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 ozone NAAQS.\4\ Based on the initial 
nonattainment designations for the 2015 ozone standards, the District 
was required to make a SIP revision addressing NNSR program 
requirements no later than August 3, 2021.\5\ 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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    \4\ 83 FR 62998 (December 6, 2018). The 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.
    \5\ 40 CFR 51.1314.
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II. The State's Submittal

A. What did the State submit?

    The submitted 2015 Ozone Certification letter addressed by this 
proposal was adopted by the District on June 7, 2021. It was submitted 
by the California Air Resources Board (CARB), the agency that serves as 
the governor's designee for California SIP submittals, on August 3, 
2021.
    CARB's August 3, 2021 submittal of the District's 2015 Ozone 
Certification letter was deemed by operation of law to meet the 
completeness criteria in 40 CFR part 51, Appendix V on February 3, 
2021, which must be met before formal EPA review.

B. What is the purpose of the submitted certification letter?

    The District's submittal is intended to satisfy the 2015 SIP 
Requirements Rule that requires States to make a SIP revision 
addressing NNSR. The District's portion of the California SIP contains 
its approved NNSR permit program as applicable to the southern portion 
of Sutter County, as well as the Sutter Buttes portion of Sutter 
County's Marginal nonattainment classification for the 2015 ozone 
NAAQS. The submitted certification letter provides a mechanism for the 
District to satisfy the 40 CFR 51.1314 submittal requirements based on 
its 2015 Moderate and Marginal ozone nonattainment designations. The 
EPA's analysis of how this SIP revision addresses the NNSR requirements 
for the 2015 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 notice, NNSR permit program 
requirements were adopted for the 2015 ozone NAAQS at 40 CFR 51.1314 as 
part of the 2015 SIP Requirements Rule.\6\ The minimum SIP requirements 
for NNSR permitting programs for the 2015 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 
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 (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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    \6\ 83 FR 62998 (December 6, 2018).
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    The District's SIP-approved NNSR program,\7\ established in Rule 
10.1, ``New Source Review,'' of the District's Rules and Regulations, 
applies to the construction and modification of stationary sources, 
including major stationary sources in nonattainment areas under its 
jurisdiction. The District'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 District that the cited 
rule meets the federal NNSR requirements for the respective Marginal 
and Moderate ozone nonattainment designations. These documents, 
including our Summary of Evaluation \8\ of the District's submittal, 
are available in the docket for this action.
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    \7\ 76 FR 44809 (July 27, 2011); 78 FR 58460 (September 24, 
2013); 80 FR 60047 (October 5, 2015).
    \8\ Our review of the District's submittal is included in a 
Memorandum to Docket EPA-R09-OAR-2022-0090, titled ``Feather River 
Air Quality Management District 2021 Ozone Certification Summary of 
Evaluation,'' dated November 17, 2023.
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    The EPA has reviewed the demonstration and cited program

[[Page 4588]]

elements intended to meet the federal NNSR requirements for the 2015 
ozone NAAQS and is proposing to approve the District's submittal 
because the current SIP-approved NSR program satisfies all the 2015 SIP 
Requirements Rule NNSR program requirements applicable to the southern 
portion of Sutter County as a Moderate ozone nonattainment area and the 
Sutter Buttes portion of Sutter County as a Marginal ozone 
nonattainment area.

IV. Proposed Action and Public Comment

    The EPA is proposing to approve the SIP revision addressing the 
NNSR requirements for the 2015 ozone NAAQS for the District. In support 
of this proposed action, we have concluded that our approval of the 
submitted 2015 ozone certification for the District would comply with 
section 110(l) of the Act because the submittal will not interfere with 
continued attainment or maintenance of the NAAQS in the District. 
Similarly, we find that the submitted revision is approvable under 
section 193 of the Act because it does not modify any control 
requirement in effect before November 15, 1990, without ensuring 
equivalent or greater emission reductions. 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, 
182(a)(2)(C), and 193, and the minimum SIP requirements of 40 CFR 
51.165. If we finalize this action as proposed, our action will 
incorporate this certification into the federally enforceable SIP and 
be codified through revisions to 40 CFR 52.220 (Identification of 
plan--in part).
    The EPA has made, and will continue to make, the State's submission 
and all other 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). We will accept comments from the 
public on this proposal until February 23, 2024.

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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a state program;
     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.
    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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The State did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Due to the nature of the action being taken here, this action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.

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.

    Dated: January 16, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-01300 Filed 1-23-24; 8:45 am]
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