[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22648-22649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0032; FRL-11685-01-R9]


Air Plan Revisions; 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 to 
approve a revision to the San Diego County Air Pollution Control 
District (SDCAPCD) portion of the California State Implementation Plan 
(SIP). This revision concerns a rule submitted to address section 185 
of the Clean Air Act (CAA or ``Act''). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Comments must be received on or before May 2, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0032 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 a disability 
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: Kira Wiesinger, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3827 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rule
    D. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                Rule No.            Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD..............................           45  Federally Mandated Ozone          06/09/2022      07/20/2022
                                                     Nonattainment Fees.
----------------------------------------------------------------------------------------------------------------

    On January 20, 2023, the submittal for SDCAPCD Rule 45 was deemed 
by operation of law to meet the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 45 in the California SIP. 
The SDCAPCD adopted this rule on June 9, 2022, and CARB submitted it to 
the EPA on July 20, 2022.

C. What is the purpose of the submitted rule?

    Under sections 182(d)(3), (e), (f) and 185 of the Act, states with 
ozone nonattainment areas classified as ``Severe'' or ``Extreme'' are 
required to submit a SIP revision that requires major stationary 
sources of volatile organic compounds (VOC) or oxides of nitrogen 
(NOX) emissions in the area to pay a fee if the area fails 
to attain the standard by the attainment date. The required SIP 
revision must provide for annual payment of the fees, computed in 
accordance with CAA section 185(b).
    The San Diego County ozone nonattainment area has been classified 
as Severe for the 2008 ozone National Ambient Air Quality Standards 
(NAAQS). The SDCAPCD submitted Rule 45 to satisfy the requirement to 
submit a CAA section 185 fee program for the 2008 ozone NAAQS.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). The EPA is also evaluating the rule 
for consistency with the statutory requirements of CAA section 185. 
Guidance and policy documents that we used to evaluate enforceability, 
revision/relaxation, and rule stringency

[[Page 22649]]

requirements for the applicable criteria pollutants include the 
following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Does the rule meet the evaluation criteria?

    This rule meets CAA requirements and is consistent with relevant 
guidance regarding enforceability and SIP revisions. The EPA's 
technical support document (TSD) has more information on our 
evaluation.

C. The EPA's Recommendations To Further Improve the Rule

    The TSD includes recommendations for the next time the local agency 
modifies the rule.

D. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
approve submitted Rule 45 because it fulfills all relevant 
requirements. We will accept comments from the public on this proposal 
until May 2, 2024. If the EPA takes final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

    In this 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 SDCAPCD Rule 45, ``Federally Mandated Ozone Nonattainment 
Fees,'' adopted on June 9, 2022, which addresses the CAA section 185 
fee program requirements. The EPA has made, and will continue to make, 
these materials 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).

IV. 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 CAA. 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 (Public Law 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, 
February 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 EJ 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. 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 oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-06880 Filed 4-1-24; 8:45 am]
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