[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42808-42810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0449; FRL-11378-02-R9]


Air Quality Plans; California; San Luis Obispo County Air 
Pollution Control District; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
revision to the San Luis Obispo County Air Pollution Control District's 
(SLOCAPCD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision governs the District's 
issuance of permits for stationary sources, and focuses on the 
preconstruction review and permitting of major sources and major 
modifications under part D of title I of the Clean Air Act (CAA or 
``the Act'').

DATES: This rule is effective June 17, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2023-0449. 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 the 
disclosure of which 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 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: Manny Aquitania, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415) 972-3977, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``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 December 29, 2023,\1\ the EPA proposed to approve the rule 
listed in Table 1 into the California SIP.
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    \1\ 88 FR 90138.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
        Local agency                  Rule #                 Rule title             Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SLOCAPCD...................  Rule 224...............  Federal Requirements for        01/26/22         07/05/22
                                                       New and Modified Major
                                                       Sources in Non-
                                                       Attainment Areas.
----------------------------------------------------------------------------------------------------------------

    For areas designated nonattainment for one or more of the National 
Ambient Air Quality Standards (NAAQS), the applicable SIP must include 
preconstruction review and permitting requirements for new or modified 
major stationary sources of such nonattainment pollutant(s) under part 
D of title I of the Act, commonly referred

[[Page 42809]]

to as Nonattainment New Source Review (NNSR). The rule listed in Table 
1 contains the SLOCAPCD's NNSR permit program applicable to new and 
modified major sources located in the areas within the District that 
are designated nonattainment for the NAAQS. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

III. EPA Action

    No comments were submitted on our proposal. We continue to find 
that Rule 224 satisfies the relevant requirements for a CAA NNSR 
program for ozone,\2\ as well as the associated visibility requirements 
for sources subject to review under such a program in accordance with 
40 CFR 51.307. Therefore, as authorized in section 110(k)(3) of the 
Act, the EPA is approving the submitted rule.
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    \2\ As discussed in our proposed action, we determined that Rule 
224 satisfies the NNSR program requirements applicable to 
nonattainment areas classified as Marginal for ozone, and that the 
submittal addressed the NNSR requirements both the 2008 and 2015 
ozone NAAQS. 88 FR 90138, 90139.
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    This action incorporates the submitted rule into the California 
SIP. In conjunction with the EPA's SIP approval of the District's 
visibility program for sources subject to the NNSR program, this action 
also revises the scope of the visibility Federal Implementation Plan 
(FIP) at 40 CFR 52.281 for California so that this FIP no longer 
applies to sources located in the SLOCAPCD nonattainment areas that are 
subject to the District's visibility program.

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 incorporating by reference San Luis Obispo County Air 
Pollution Control District Rule 224, ``Federal Requirements for New and 
Modified Major Sources in Non-Attainment Areas,'' adopted on January 
26, 2022, as described in Section I of this preamble, which regulates 
the District's issuance of permits for stationary sources under part D 
of title I of the CAA. The EPA has made, and will continue to make, 
these materials available through https://www.regulations.gov and in 
hard copy 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 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, 
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 District 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. 
Consideration of EJ is not required as part of this action, and 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.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 July 15, 2024. 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).)

[[Page 42810]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 7, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends Part 52, chapter I, title 40 of the Code of 
Federal Regulations 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 paragraph (c)(607)(i)(B) to read 
as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (607) * * *
    (i) * * *
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 224, ``Federal Requirements for New and Modified Major 
Sources in Non-Attainment Areas,'' adopted on January 26, 2022.
    (2) [Reserved]
* * * * *

0
3. Section 52.281 is amended by adding paragraph (d)(15) to read as 
follows:


Sec.  52.281  Visibility protection.

* * * * *
    (d) * * *
    (15) San Luis Obispo County Air Pollution Control District.
* * * * *
[FR Doc. 2024-10464 Filed 5-15-24; 8:45 am]
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