[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Rules and Regulations]
[Pages 58628-58631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R09-OAR-2022-0916; FRL-10530-02-R9]


Clean Air Act Operating Permit Program; California; South Coast 
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: With this direct final rule, the Environmental Protection 
Agency (EPA) is promulgating approval of revisions to the Clean Air Act 
Operating Permit Program (title V) of the South Coast Air Quality 
Management District (SCAQMD or ``District'') in California. The EPA is 
taking this final action in accordance with Federal regulations and the 
Clean Air Act (CAA or ``Act'').

DATES: Effective September 17, 2024 without further action, unless 
adverse comment is received by August 19, 2024. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0916 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: Catherine Valladolid, Air Permits 
Section (Air-3-1), U.S. Environmental Protection Agency, Region IX, 
(415) 947-4103, [email protected].

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

Table of Contents

I. Why is the EPA using a direct final rule?
II. Background
III. What are the requirements for approval of revisions to title V 
programs?
IV. What is the State's proposed title V program revision?
V. EPA Evaluation of Title V Program Revision
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule approving the SCAQMD's 
proposed title V program revisions without prior proposal because we 
consider it to be a noncontroversial action and anticipate no adverse 
comments. However, elsewhere in this issue of the Federal Register 
publication, the EPA is simultaneously publishing a proposal that will 
also serve as a public notice of the SCAQMD's proposed title V program 
revisions pursuant to 40 CFR 70.4(i).

II. 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 40 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 title 
V permits, the EPA must approve its program under appendix A of 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. 40 CFR 70.2 bases the definition 
of ``major stationary source'' on the nonattainment classification of 
the area where the source is located. Table 1 of this document shows 
the attainment/nonattainment/unclassifiable status for the applicable 
NAAQS within the District's jurisdictional boundary. As shown in table 
1, the SCAQMD's jurisdiction is classified as nonattainment for fine 
particulate matter with an aerodynamic diameter of less than or equal 
to 10 micrometers (PM10), fine particulate matter with an 
aerodynamic diameter of less than or equal to 2.5 micrometers 
(PM2.5), lead (Pb), and ozone.\1\ The

[[Page 58629]]

SCAQMD's jurisdiction is comprosed of several air basins that have 
different nonattainment classifications. The District is designated 
attainment/unclassifiable for nitrogen dioxide (NO2), carbon 
monoxide (CO), and sulfur dioxide (SO2). 40 CFR 81.305.
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    \1\ The EPA reclassified State lands within the Coachella Valley 
area from Severe-15 to an Extreme ozone nonattainment area, 
effective July 10, 2019. This reclassification to Extreme means that 
a major stationary source is now defined as a source emitting 10 
tons or more per year of either oxides of nitrogen or volatile 
organic compounds. 84 FR 32841 (July 10, 2019).

                                     Table 1--Air Quality Attainment Status
----------------------------------------------------------------------------------------------------------------
                                                                                              Basin/air quality
     NAAQS pollutant/standard             Designation \a\             Classification           management area
----------------------------------------------------------------------------------------------------------------
Annual NO2 (1971 Standard)........  A/U.......................  ..........................  Los-Angeles-South
                                                                                             Coast Air Basin.
1-Hour NO2 (2010 Standard)........  A/U.......................  ..........................  Los Angeles County
                                                                                             (part).
1-Hour NO2 (2010 Standard)........  A/U.......................  ..........................  Orange County.
1-Hour NO2 (2010 Standard)........  A/U.......................  ..........................  Riverside County
                                                                                             (part).
1-Hour NO2 (2010 Standard)........  A/U.......................  ..........................  San Bernadino County
                                                                                             (part).
CO (1971 Standard)................  A/U.......................  ..........................  Los-Angeles-South
                                                                                             Coast Air Basin
                                                                                             Area.
Pb (2008 Standard)................  NA........................  ..........................  Los Angeles County-
                                                                                             South Coast Air
                                                                                             Basin.
1-Hour SO2 (2010 Standard)........  A/U.......................  ..........................  South Coast Air
                                                                                             Basin.
24-Hour PM10 (1987 Standard)......  NA........................  Serious...................  Coachella Valley
                                                                                             Planning Area.
24-Hour PM10 (1987 Standard)......  A/U.......................  ..........................  South Coast Air
                                                                                             Basin.
Annual PM2.5 (1997 Standard)......  NA........................  Moderate..................  Los-Angeles-South
                                                                                             Coast Air Basin.
24-Hour PM2.5 (1997 Standard).....  NA........................  Moderate..................  Los-Angeles-South
                                                                                             Coast Air Basin.
24-Hour PM2.5 (2006 Standard).....  NA........................  Serious...................  Los-Angeles-South
                                                                                             Coast Air Basin.
Annual PM2.5 (2012 Standard)......  NA........................  Serious...................  Los-Angeles-South
                                                                                             Coast Air Basin.
1-Hour Ozone (1979 Standard) \b\..  NA........................  Extreme...................  Los-Angeles-South
                                                                                             Coast Air Basin.
1-Hour Ozone (1979 Standard) \b\..  NA........................  Severe-17.................  Southeast Desert
                                                                                             Modified Air
                                                                                             Quality Management
                                                                                             Area.
8-Hour Ozone (1997 Standard) \c\..  NA........................  Extreme...................  Riverside County
                                                                                             (Coachella Valley).
8-Hour Ozone (1997 Standard) \c\..  NA........................  Extreme...................  Los-Angeles-South
                                                                                             Coast Air Basin.
8-Hour Ozone (2008 Standard)......  NA........................  Extreme...................  Los-Angeles-South
                                                                                             Coast Air Basin.
8-Hour Ozone (2008 Standard)......  NA........................  Severe-15.................  Riverside County
                                                                                             (Coachella Valley).
8-Hour Ozone (2015 Standard)......  NA........................  Extreme...................  Los-Angeles-South
                                                                                             Coast Air Basin.
8-Hour Ozone (2015 Standard)......  NA........................  Severe-15.................  Riverside County
                                                                                             (Coachella Valley).
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\a\ NA = Nonattainment; A/U = Attainment or Unclassified.
\b\ On August 3, 2005, the EPA revoked the 1979 1-hour ozone NAAQS; however, the EPA is retaining the listing of
  the designated areas for the revoked 1979 ozone NAAQS in 40 CFR part 81, for the sole purpose of identifying
  the anti-backsliding requirements that may apply to the areas at the time of revocation. 70 FR 44470 (August
  3, 2005).
\c\ On March 6, 2015, the EPA revoked the 1997 8-hour ozone NAAQS; however, the EPA is retaining the listing of
  the designated areas for the revoked 1997 ozone NAAQS in 40 CFR part 81, for the sole purpose of identifying
  the anti-backsliding requirements that may apply to the areas at the time of revocation. 80 FR 12264 (March 6,
  2015). On July 10, 2019, the Coachella Valley was reclassified to Extreme ozone nonattainment for the 1997
  ozone NAAQS. 84 FR 32841 (July 10, 2019).

    The emissions thresholds, above which a title V operating permit is 
required pursuant to 40 CFR 70.3(a), are shown in table 2.

                                    Table 2--Title V Emissions Thresholds \a\
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   Nonattainment designation/classification             VOC or NOX (tpy)             CO (tpy)       PM10 (tpy)
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Marginal......................................  100.............................             100             100
Moderate......................................  100.............................             100             100
Serious.......................................  50..............................              50              70
Ozone transport region (other than Severe or    50 (VOC only)...................  ..............  ..............
 Extreme).
Severe........................................  25..............................  ..............  ..............
Extreme.......................................  10..............................  ..............  ..............
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\a\ 40 CFR 70.2.

    The emissions thresholds for PM2.5, SO2, and 
Pb are 100 tons per year (tpy) regardless of attainment classification. 
For hazardous air pollutants (HAPs), the title V threshold is 10 tpy 
for any individual HAP and 25 tpy for any combination of HAPs.

III. 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

[[Page 58630]]

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).

IV. What is the State's proposed title V program revision?

    Table 3 lists the rules submitted as part of the SCAQMD's title V 
program revisions and the dates they were adopted by the District and 
submitted to the EPA by the California Air Resources Board (CARB), 
which is the governor's designee for California rule submittals.\2\
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    \2\ 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 and docket developed for 
this action.

                                            Table 3--Submitted Rules
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                                                                                                  Submitted date
                  Rule #                                Rule title               Adoption date         \a\
----------------------------------------------------------------------------------------------------------------
3001......................................  Title V Permits--Applicability....       12/4/2020        2/25/2021
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\a\ CARB transmitted the submittal to the EPA by a letter dated February 24, 2021.

    The SCAQMD revised the title V emissions thresholds in its Rule 
3001 for volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) from 25 tpy to 10 tpy for the Riverside County portion 
of the Salton Sea Air Basin \3\ to align with a recent reclassification 
for that area from ``Severe-15'' to ``Extreme'' for the 1997 8-hour 
ozone NAAQS.
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    \3\ The area often referred to as the ``Coachella Valley'' 
consists of the Riverside County portion of the Salton Sea Air 
Basin.
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    The District made two additional revisions to Rule 3001: (1) 
clarifying the geographic areas for the Phase One and Phase Two 
facilities and (2) including an applicability cutoff date of December 
4, 2020, for Phase One title V facilities.

V. EPA Evaluation of Title V Program Revision

    As detailed in section IV of this document, the Coachella Valley 
nonattainment area, which consists of the Riverside County portion of 
the Salton Sea Air Basin (an area within the jurisdiction of the 
SCAQMD), is classified as Extreme nonattainment for the 1997 8-hour 
ozone NAAQS. Table 2 in Rule 3001 was revised to decrease the title V 
``major source'' emissions thresholds pursuant to 40 CFR 70.2, 
Definitions, for VOC and NOX from 25 tpy to 10 tpy for the 
Riverside County portion of the Salton Sea Air Basin. This decrease in 
the major source emissions thresholds aligns with the reclassification 
in nonattainment from Severe to Extreme for this area. Thus, we find 
that revised Rule 3001 references the appropriate potential to emit 
(PTE) thresholds for the SCAQMD nonattainment areas. By revising these 
thresholds, the SCAQMD meets the applicability requirements at 40 CFR 
70.3, Applicability, to include all major sources within the District's 
jurisdiction.
    Additionally, as indicated in section 2.1 of the Technical Support 
Document developed for this action, the SCAQMD made two additional 
revisions to Rule 3001: clarifying the geographic areas for the Phase 
One and Phase Two facilities and including an applicability cutoff date 
of December 4, 2020, for Phase One facilities. These revisions are non-
substantive and thus do not affect our approvability determination 
pursuant to 40 CFR part 70 requirements. We therefore find all the 
proposed revisions to Rule 3001 approvable as a title V program 
revision.

VI. Final Action

    As authorized in 40 CFR 70.4(i), the EPA is fully approving the 
submitted revisions because we find the proposed changes to Rule 3001 
align with 40 CFR part 70 program elements. Rule 3001 refers to the 
correct VOC and NOX emission thresholds appropriate for an 
Extreme ozone nonattainment area. Therefore, the proposed changes are 
approvable as title V program revisions. We do not anticipate adverse 
comments, so we are finalizing this action without proposing it in 
advance. However, in the Proposed Rules section of this Federal 
Register, we are simultaneously proposing approval of the same 
submitted rule. If we receive adverse comments on the proposed 
revisions by August 19, 2024, we will publish a timely withdrawal in 
the Federal Register to notify the public that the direct final 
approval will not take effect. The EPA would then address all public 
comments in a subsequent final rule based on the proposed action. If we 
do not receive timely adverse comments, this direct final approval will 
be effective without further notice on September 17, 2024. We do not 
plan to open a second comment period on this action, so any parties 
interested in commenting should do so at this time.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator may approve a State title V 
program submittal that complies with the provisions of the Act and 
applicable Federal regulations; 40 CFR 70.4(i). Thus, in reviewing 
title V program submittals, the EPA's role is to approve State choices, 
provided they meet the criteria of the CAA and the criteria, standards, 
and procedures defined in 40 CFR part 70. 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);

[[Page 58631]]

     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 CAA; and
    In addition, this action 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 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 EJ 
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 September 17, 2024. Filing a 
petition for reconsideration by the Administrator of this direct 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 (CAA section 
307(b)(2)).

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: July 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons discussed in the preamble, the EPA amends chapter 
I, title 40 of the Code of Federal Regulations as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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


0
2. Amend appendix A, under ``California'', by adding paragraph (dd)(6) 
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

California

* * * * *
    (dd) * * *
    (6) The District adopted revisions on December 4, 2020. The 
California Air Resources Board submitted revisions to the EPA on 
February 25, 2021. Approval is effective on September 17, 2024.

[FR Doc. 2024-15106 Filed 7-18-24; 8:45 am]
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