[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78255-78258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21729]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0197; FRL-11981-02-R9]


Air Plan Revisions; California; Sacramento Metropolitan Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State implementation plan (SIP) revisions from the 
Sacramento Metropolitan Air Quality Management District (SMAQMD or 
``District'') to address Clean Air Act (CAA or ``Act'') requirements 
related to the 2008 8-hour ozone national ambient air quality standards 
(NAAQS or ``standards''). These revisions concern emissions of oxides 
of nitrogen (NOX) from boilers, gas turbines, and 
miscellaneous (``misc'') combustion units as well as reasonably 
available control technology (RACT) requirements for major sources of 
NOX in the portion of the Sacramento Metro, CA, 
nonattainment area that is subject to SMAQMD jurisdiction.

DATES: This rule is effective October 25, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2024-0197. 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 whose 
disclosure 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 for additional availability information. 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: Eugene Chen, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``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 July 2, 2024, the EPA proposed to approve the California Air 
Resources Board's (CARB) submittal of a SIP revision adopted by the 
SMAQMD.\1\ As discussed in our proposed action, this SIP revision 
adopted portions of several permits issued under the District's SIP-
approved New Source Review (NSR) permit program (``District Permits'') 
for submittal into the SIP. These District Permits are relied upon to 
implement RACT for major sources of NOX, and we proposed to 
determine that these District Permits would comply with the EPA's 
Startup, Shutdown, and Malfunction (SSM) policy and other applicable 
Clean Air Act (CAA or ``Act'') requirements. Based on our review, we 
proposed to determine that these District Permits, in conjunction with 
the SIP-approved NOX limits already established in Rule 411 
(NOX from Boilers, Process Heaters and Steam Generators) and 
Rule 413 (Stationary Gas Turbines), implement RACT for each major 
NOX source in the District. We therefore also proposed to 
approve

[[Page 78256]]

the major source NOX RACT element of the 2017 RACT SIP for 
the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \1\ 89 FR 54748.

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
           Local agency               Document/ rule No.         Document title          Adopted      Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD...........................  .......................  Reasonably Available       03/28/2024    04/11/2024
                                                             Control Technology
                                                             (RACT) Permits for
                                                             Major Stationary
                                                             Sources of Nitrogen
                                                             Oxides.
----------------------------------------------------------------------------------------------------------------

    A list of individual permits contained in this submittal is 
included in Table 2 below.

                         Table 2--District Permits Included in April 11, 2024 Submittal
----------------------------------------------------------------------------------------------------------------
                                                                                  Unit size
          Source name                    Permit No.             Unit name/ID      (MMBtu/hr)       Unit type
----------------------------------------------------------------------------------------------------------------
Mitsubishi Chemical Carbon       24611.....................  Oxidation Oven 1..            2  Misc Combustion
 Fiber and Composites.           25925.....................  Oxidation Oven 2..            2   Unit.
                                                                                              Misc Combustion
                                                                                               Unit.
                                 24613.....................  Oxidation Oven 3..            2  Misc Combustion
                                                                                               Unit.
                                 24614.....................  Oxidation Oven 4..            2  Misc Combustion
                                                                                               Unit.
                                 27336.....................  Oxidation Oven--              3  Misc Combustion
                                                              Line 31.                         Unit.
                                 27337.....................  Oxidation Oven--              3  Misc Combustion
                                                              Line 31.                         Unit.
                                 27338.....................  Cleaver Brooks                6  Boiler.
                                                              Boiler.
UC Davis Medical Center........  17549.....................  Combined Cycle              260  Gas Turbine.
                                                              Turbine.
                                 20216.....................  Boiler 1..........           32  Boiler.
                                 20217.....................  Boiler 2..........           32  Boiler.
                                 20218.....................  Boiler 3..........           32  Boiler.
                                 20219.....................  Boiler 4..........           32  Boiler.
Sacramento Metropolitan Utility  27140.....................  Babcock & Wilcox            109  Boiler.
 District (SMUD) Procter &       27141 and 27132...........   Boiler.                    583  Gas Turbine and
 Gamble Power Plant.             27142 and 27133...........  Gas Turbine 1A....          583   Duct Burner.\a\
                                                             Gas Turbine 1B....               Gas Turbine and
                                                                                               Duct Burner.\a\
                                 27143.....................  Gas Turbine 1C....          500  Gas Turbine.
                                 27144.....................  Boiler 1B.........          109  Boiler.
SMUD Cosumnes Power Plant......  25801.....................  Turbine 2.........        2,200  Gas Turbine.
                                 25800.....................  Turbine 3.........        2,200  Gas Turbine.
SMUD Campbell Power Plant......  27118 and 27116...........  Gas Turbine.......        1,410  Gas Turbine and
                                                                                               Duct Burner.\a\
SMUD Carson Power Plant........  27151 and 27153...........  Gas Turbine.......          600  Gas Turbine and
                                                                                               Duct Burner.\a\
                                 27154.....................  Cleaver Brooks              100  Boiler.
                                                              Boiler.
                                 27156.....................  Turbine 27156.....          450  Gas Turbine.
----------------------------------------------------------------------------------------------------------------
\a\ These units are combined cycle gas turbines, which consist of a simple cycle gas turbine combined with a
  duct burner, and are listed under the same permit document with separate permit numbers. For clarity, we are
  including the duct burner permit number in addition to the turbine permit number.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted on the proposed action, and there is no 
change to our assessment of the SIP revision as described in our 
proposed action. Therefore, as authorized in section 110(k)(3) of the 
Act, the EPA is approving these District Permits into the California 
SIP. In addition, we are approving the major source NOX 
element for SMAQMD's RACT obligation for the 2008 ozone NAAQS. This 
approval corrects all deficiencies identified in our June 30, 2023 
partial disapproval of the major NOX element of the 2017 
RACT SIP (88 FR 42248), permanently stopping all sanction clocks 
associated with that partial disapproval. Moreover, this approval 
corrects the final remaining deficiency identified in our February 3, 
2017 finding of failure to submit action for the SMAQMD's 2008 ozone 
NAAQS RACT SIP obligation (82 FR 9158). In addition, it terminates the 
EPA's obligation to promulgate a Federal Implementation Plan in 
response to that action.

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 finalizing the incorporation by reference of the 
District Permits contained in the submitted SIP revision and listed in 
Table 2 of this preamble, which establish NOX emission 
limits for specific major sources in the District. The EPA has made, 
and will continue to make, these documents 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).

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

[[Page 78257]]

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 approves 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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
The EPA defines 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 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. 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 goals of 
Executive Order 12898 of achieving EJ for communities with EJ concerns.
    This action is subject to the Congressional Review Act (CRA), 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 November 25, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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)).

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.

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

    Dated: September 18, 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 paragraphs (c)(599)(ii)(A)(2) 
and (c)(617) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (599) * * *
    (ii) * * *
    (A) * * *
    (2) The Reasonably Available Control Technology (RACT) 
determination for non-CTG major sources of NOX as contained 
in the RACT State Implementation Plan (SIP) for the 2008 8-Hour Ozone 
National Ambient Air Quality Standards (NAAQS) (``Demonstration of 
Reasonably Available Control Technology for the 2008 Ozone NAAQS''), as 
adopted on March 23, 2017.
* * * * *
    (617) The following regulations and materials were submitted 
electronically on April 11, 2024, by the Governor's designee as an 
attachment to a letter dated April 10, 2024.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Permit to Operate No. 24611--Eisenmann Oxidation Oven 1, issued 
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on 
February 23, 2024.
    (2) Permit to Operate No. 25925--Maxon Oxidation Oven 2, issued to 
Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on 
February 23, 2024.
    (3) Permit to Operate No. 24613--Eisenmann Oxidation Oven 3, issued 
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on 
February 23, 2024.
    (4) Permit to Operate No. 24614--Eisenmann Oxidation Oven 4, issued 
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on 
February 23, 2024.
    (5) Permit to Operate No. 27336--Despatch Oxidation Oven Line 31, 
issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as 
revised on February 23, 2024.
    (6) Permit to Operate No. 27337--Despatch Oxidation Oven Line 31,

[[Page 78258]]

issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as 
revised on February 23, 2024.
    (7) Permit to Operate No. 27338--Cleaver Brooks Boiler, issued to 
Mitsubishi Chemical Carbon Fiber and Composites Inc., as revised on 
February 23, 2024.
    (8) Permit to Operate No. 17549--General Electric Gas Turbine, 
issued to UCD Medical Center, as revised on February 23, 2024.
    (9) Permit to Operate No. 20216--Johnston Boiler Company Boiler 1, 
No. 20217--Johnston Boiler company Boiler 2, No. 20218--Johnston Boiler 
Company Boiler 3, No. 20219--Johnston Boiler Company Boiler 4, issued 
to UCD Medical Center, as revised on February 23, 2024.
    (10) Permit to Operate No. 27140--Babcock & Wilcox Boiler, issued 
to Sacramento Municipal Utility District Financing Authority DBA 
Procter and Gamble Power Plant, as revised on February 23, 2024.
    (11) Permit to Operate No. 27141--General Electric Gas Turbine 1A 
and No. 27132--Duct Burner 1A, issued to Sacramento Municipal Utility 
District Financing Authority DBA Procter and Gamble Power Plant, as 
revised on February 23, 2024.
    (12) Permit to Operate No. 27142--General Electric Gas Turbine 1B 
and No. 27133--Duct Burner 1B, issued to Sacramento Municipal Utility 
District Financing Authority DBA Procter and Gamble Power Plant, as 
revised on February 23, 2024.
    (13) Permit to Operate No. 27143--General Electric Gas Turbine 1C, 
issued to Sacramento Municipal Utility District Financing Authority DBA 
Procter and Gamble Power Plant, as revised on February 23, 2024.
    (14) Permit to Operate No. 27144--Cleaver Brooks Boiler 1B, issued 
to Sacramento Municipal Utility District Financing Authority DBA 
Procter and Gamble Power Plant, as revised on February 23, 2024.
    (15) Permit to Operate No. 25801--General Electric Gas Turbine 2, 
issued to Sacramento Municipal Utility District Financing Authority 
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
    (16) Permit to Operate No. 25800--General Electric Gas Turbine 3, 
issued to Sacramento Municipal Utility District Financing Authority 
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
    (17) Permit to Operate No. 27118--Siemens Gas Turbine and No. 
27116--Duct Burner, issued to Sacramento Municipal Utility District 
Financing Authority DBA Campbell Power Plant, as revised on February 
23, 2024.
    (18) Permit to Operate No. 27151--General Electric Gas Turbine and 
No. 27153--Duct Burner, issued to Sacramento Municipal Utility District 
Financing Authority DBA Carson Power Plant, as revised on February 23, 
2024.
    (19) Permit to Operate No. 27154--Cleaver Brooks Boiler, issued to 
Sacramento Municipal Utility District Financing Authority DBA Carson 
Power Plant, as revised on February 23, 2024.
    (20) Permit to Operate No. 27156--General Electric Gas Turbine, 
issued to Sacramento Municipal Utility District Financing Authority DBA 
Carson Power Plant, as revised on February 23, 2024.
    (B) [Reserved]
    (ii) Additional materials. (A) Sacramento Metropolitan Air Quality 
Management District.
    (1) ``State Implementation Plan Submittal: Reasonably Available 
Control Technology (RACT) Permits for Major Stationary Sources of 
Nitrogen Oxides,'' dated February 26, 2024.
    (2) [Reserved]
    (B) [Reserved]
* * * * *


Sec.  52.237  [Amended]

0
3. Section 52.237 is amended by removing and reserving paragraph 
(b)(1)(iii).

[FR Doc. 2024-21729 Filed 9-24-24; 8:45 am]
BILLING CODE 6560-50-P